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Hayes, Bill; Croddy, MarshallCriminal Justice in America. Third Edition. Teacher's Guide.Constitutional Rights Foundation, Los Angeles, CA.Department of Justice, Washington, DC. Office of JuvenileJustice and Delinquency Prevention.2000-00-0084p.; For the related textbook, see SO 032 533.95-JS-CX-0007Constitutional Rights Foundation, 601 South Kingsley Drive,Los Angeles, CA 90005; Tel: 213-487-5590; Web site:(www.crf-usa.org).Guides Classroom Teacher (052)MF01/PC04 Plus Postage.*Civil Rights; *Correctional Institutions; *Crime; CrimePrevention; *Criminal Law; Equal Protection; IntroductoryCourses; *Juvenile Justice; *Law Enforcement; Law RelatedEducation; Social Studies*Criminal Justice; Criminal Prosecution

This guide is designed to support the teaching of thematerial contained in the introductory text, "Criminal Justice in America."The guide provides information about the text, detailed descriptions of thevariety of teaching strategies employed, suggested teaching sequences,activity masters, and chapter and final tests. It is organized into thefollowing sections: (1) The Text: an overview of the purpose, curriculumgoals, content, and features of "Criminal Justice in America"; (2) TeachingStrategies: a description of the major teaching strategies used in the textproviding a rationale, teacher tips, and needed preparation for both insideand outside the classroom; (3) Teaching Procedures: suggested teachingprocedures and support materials for each chapter of the text organized on aunit-by-unit basis, each unit including an overview, objectives, and teachingsequences which utilize the readings and activities and include suggestedanswers for discussion questions, exercises, or activities; (4) ActivityMasters: forms to support various exercises and activities designed forreproduction and distribution to students; (5) Test Masters and Answer Keys;and (6) References for the student text. In addition, the ConstitutionalRights Foundation Web site offers links to more reading, the lateststatistics, and almost every case mentioned in the text. (BT)

Reproductions supplied by EDRS are the best that can be madefrom the original document.

Criminal Justice in America. Third Edition. Teacher's Guide.

Hayes, BillCroddy, Marshall

Constitutional Rights Foundation, Los Angeles, Calif.

U.S. DEPARTMENT OF EDUCATIONOffice of Educational Research and Improvement

EDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)

This document has been reproduced asreceived from the person or organizationoriginating it.Minor changes have been made toimprove reproduction quality.

Points of view or opinions stated in thisdocument do not necessarily representofficial OERI position or policy.

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2

CRIMINALJUSTICEINAMERICA

THIRD EDITION

TEACHER'S GUIDE.

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CONSTITUTIONAL RIGHTS3

CRIMINALJUSTICE

IN AMERICA

TEACHER'S GUIDE

T I-11RD EDITION

Developed by

Bill HayesMarshall Croddy

Constitutional Rights Foundation601 South Kingsley Drive

Los Angeles, California 90005(213) 487- 5590

www.crf-usa.org

MARJORIE S. STEINBERG

President, Constitutional Rights Foundation

JEROME C. BYRNE

Chairman, Publications CommitteeConstitutional Rights Foundation

TODD CLARK

Executive Director

Developed byBill Hayes and Marshall Croddy

EditorBill Hayes

Principal Staff and ReviewersTodd Clark, Executive Director

Carolyn Pereira, Executive Director, Constitutional Rights Foundation Chicago

Board ReviewersJerome C. Byrne, Gerald Chaleff, Lee Edmond, Peggy Saferstein,

Marvin Sears, Lois Thompson, and Carlton Varner.

ProductionAndrew Costly, Designer and Production Manager

Navigator Press, Printing

© 2000, 1998, 1993, 1991, 1983 by Constitutional Rights Foundation. Third Edition. All rights reserved. ConstitutionalRights Foundation grants permission to teachers who own this teacher's guide to make copies for classroom use of theactivity masters and test masters. Otherwise no part of this book may be reproduced, in any form or by any means, with-out written permission. Printed in the United States of America.

The development of these materials was financially assisted through the United States Office of Juvenile Justice and Delinquency Prevention, Grant #85-JS-CX-0007.

52

Criminla Justice in AmericaTeacher's Guide

Table of Contents

Overview 4

Section 1: The Text 4Goals 4

Standards Addressed 5

Organization and Content 6

Features 7

Section 2: Teaching Strategies 7

Directed Discussion 8

Cooperative and Small-Group Learning .8

Using Resource Experts 8

Peer Teaching 9

Handling Controversy 9

Field Activities 10

Polling Activities 10

Briefing Supreme Court Opinions 11

Using Editorial Cartoons 11

Updating Statistical Charts 12

Section 3: Teaching Procedures 12

Initial Recommendations 12

Teaching Sequence 12

Introducing the Text 13

Unit 1: Crime 14

Chapter 1 14

Chapter 2 14

Chapter 3 15

Unit 2: Police 16

Chapter 4 16

Chapter 5 17

Chapter 6 17

Chapter 7 20

Unit 3: The Criminal Case 21

Chapter 8 21

Chapter 9 21

Chapter 10 22

Chapter 11 23

Unit 4: Corrections 24

Chapter 12 24

Chapter 13 24

Chapter 14 25

Chapter 15 25

Chapter 16 25

Unit 5: Juvenile Justice 25

Chapter 17 26

Chapter 18 26

Chapter 19 26

Chapter 20 27

Unit 6: Solutions 27

Chapter 21 27

Chapter 22 28

Chapter 23 28

Section 4: Activity Masters 28List of Activity Masters 28

0.1 Newsbreak 29

0.2 Research Activities 31

0.3 Opinion Surveying 32

0.4 Briefing a Case 34

0.5 Analyzing an Editorial Cartoon 35

1.1 Legal-Ease for Unit 1 36

1.2 Crime Victims Board 37

1.3 Crime Victim Survey 38


2.2 Sampling Class Opinion 40


3.2 The Prosecutor Decides 42

3.3 In the Halls of Justice 43

3.4 Choosing a Jury 45

3.5 The Defense Rests 46



5.2 Who Should Be in the System? 49

5.3 Detain or Release 50


6.2 Fighting Crime in the Cityof Athena, part one 52

6.3 Fighting Crime in the Cityof Athena, part two 53

Section 5: Test Mastersand Answer Keys 54

Pre- and Post-Observations 55

Test for Unit 1 56

Test for Unit 2 58

Test for Unit 3 60

Test for Unit 4 62

Test for Unit 5 64

Test for Unit 6 67

Final Test 69

Test Answers 72

Unit 1 72

Unit 2 72

Unit 3 73

Unit 4 73

Unit 5 74

Unit 6 75

Final Test 75

Section 6: References forStudent Text 76

3 6

Welcome to the third edition of Criminal Justice in America. Both the student book and this teacher's guide have been com-pletely updated and revised. For every chapter and almost every reading, we now have resources and links on our web site.

This will provide you and your students with additional sources of information, which will be constantly updated. We particular-ly recommend that you go to the web site to find background information, updated information, the text of cases cited in the stu-dent book, additional information for students doing activities, and activities and resources that we have omitted from the stu-dent book and placed on our web site. You can also send us your e-mail comments, which will help us with future editions andwith the ongoing development of our web site. To get to the Criminal Justice in America page, go to the Constitutional RightsFoundation web site at www.crf-usa.org, click on Links, and click on Criminal Justice in America Links. To e-mail your comments,send them to [email protected].

OverviewThis guide is designed to support the teaching of the

material contained in Criminal Justice in America. It providesinformation about the text, detailed descriptions of the vari-ety of teaching strategies employed, suggested teachingsequences, activity masters, and chapter and final tests.

It is organized into the following sections:1. The Text. A detailed description of Criminal Justice in

America to give the teacher a quick overview of the pur-pose, curriculum goals, content, and features of the text.

2. Teaching Strategies. A description of the major teachingstrategies utilized in the text providing a rationale,teacher tips, and needed preparation for both inside andoutside the classroom.

3. Teaching Procedures. Suggested teaching procedures andsupport materials for each chapter of the text organizedon a unit-by-unit basis. Each unit includes:

An overview.Objectives.

Teaching sequences (which utilize the readingsand activities and include suggested answers fordiscussion questions, exercises, or activities).

4. Activity Masters. Forms to support various exercises andactivities designed for reproduction and distribution tostudents.

5. Test Masters and Answer Keys. Opinion Masterpre- and post-surveying of opinions), Test MastersAnswer Keys for each unit, and a Final Test MasterAnswer Key.

6. References. References for the student book.

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Section 1: The TextCriminal Justice in America is the most comprehensive and

interactive introductory text available on the subjects ofcriminal law, procedure, and criminology. It can serve as abasal text for an entire law-related education course or as asupplement for civics, government, or contemporary-issuescourses. The purpose of this six-unit text is to provide stu-dents with an understanding of the criminal justice systemand its laws, procedures, and issues. In addition, CriminalJustice in America is designed to help students develop critical-thinking and analytical skills and to assist them in applyingthe concepts learned in the classroom to real-life situations.

The text uses facts, statistics, and opinions for a balanced

and informed presentation of timely issues and policies con-cerning crime and the criminal justice system. Through casestudies, simulations, peer-teaching, decision-making, andfield activities, students clarify public-policy issues, identifyvalues, and propose and evaluate solutions.

GoalsThe major goals of Criminal Justice in America are to help stu-dents:1. Identify the major components of the criminal justice

system, including the nature and definition of criminalbehavior; the role, scope, and limits of law enforcement;the assumptions and methods of the criminal caseprocess; the philosophies and alternate methods of cor-rections; the nature and processes of treating the juvenileoffender; the causes of crime; and the role of governmentand citizens in finding solutions to America's crimeproblems.

2. Develop, state, and defend positions on key issues facingthe criminal justice system, including the treatment ofvictims, police-community relations, jury selection, sen-tencing, capital punishment, the treatment of juveniles,asset seizures, and the debate over the effect of race andethnicity at key points in the system.

3. Understand major constitutional protections of dueprocess and equal protection as reflected in the processesof criminal justice.

4. Evaluate the effect of constitutional provisions on crimi-nal procedure, including protections against unreason-able search and seizure, coerced confessions or testimony,cruel and unusual punishment, and the rights of theaccused to counsel and a fair trial.

5. Understand the function that people play by taking keyroles in the criminal justice system, including police,prosecutors, defense lawyers, judges, jurors, court person-nel, probation and parole officers, appellate justices, leg-islators, and special-interest groups.

6. Understand the role of legislative, executive, and judicialpublic policy making and analyze and evaluate publicpolicy options.

7. Identify and analyze our society's crime problem in termsof its causes, effects, interventions, and statistical andpolemical bases.

8. Develop greater capacity to become involved as citizens toaddress problems and issues relating to the criminal jus-tice system at the community level, including assessingopinion and conducting crime-prevention projects.

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Standards AddressedStandards-based education has arrived. Criminal Justice in

America, with its emphasis on critical thinking and govern-ment content, will meet many different standards. You willhave to check your own state's and district's standards. Beloware a few national standards that the text addresses. Theycome from the national standards for civics and for thinkingand reasoning at the high school level.

Civics Standards:

Understands the sources, purposes, and functions of law, andthe importance of the rule of law for the protection of indi-vidual rights and the common good. Specifically:

Knows alternative ideas about the sources of law (e.g., cus-tom, Supreme Being, sovereigns, legislatures) and differ-ent varieties of law (e.g., divine law, natural law, commonlaw, statute law, international law)

Knows alternative ideas about the purposes and functionsof law (e.g., regulating relationships among people andbetween people and their government; providing order,predictability, security, and established procedures for themanagement of conflict; regulating social and economicrelationships in civil society)

Understands the importance of Americans sharing and sup-porting certain values, beliefs, and principles of Americanconstitutional democracy. Specifically:

Understands the significance of fundamental values andprinciples for the individual and society.

Understands the role and importance of law in the Americanconstitutional system and issues regarding the judicial pro-tection of individual rights. Specifically:

Understands the importance to individuals and to socie-ty of major due process protections such as habeas cor-pus, presumption of innocence, fair notice, impartial tri-bunal, speedy and public trials, right to counsel, trial byjury, right against self incrimination, protection againstdouble jeopardy, right of appeal.

Understands the advantages and disadvantages of theadversary system. . . .

Knows the basic principles of the juvenile system and themajor differences between the due process rights of juve-niles and adults.

Understands current issues regarding judicial protectionof the rights of individuals.

Understands the formation and implementation of publicpolicy. Specifically:

Knows a public policy issue at the local, state, or nation-al level well enough to identify the major groups interest-ed in that issue and explain their respective positions

Understands the processes by which public policy con-cerning a local, state, or national issue is formed and car-ried out

Knows the points at which citizens can monitor or influ-ence the process of public policy formation

Understands why agreement may be difficult or impossi-ble on [some] issues .. . because of conflicts about val-ues, principles, and interests.

Thinking and Reasoning Standards:

Understands and applies the basic principles of presenting anargument. Specifically:

Understands that when people try to prove a point, theymay at times select only the information that supports itand ignore the information that contradicts it.

Identifies techniques used to slant information in subtleways.

Identifies the logic of arguments that are based on quanti-tative data.

Identifies or seeks out the critical assumptions behind aline of reasoning and uses that to judge the validity of anargument.

Understands that to be convincing, an argument musthave both true statements and valid connections amongthem.

Uses tables, charts, and graphs in constructingarguments.

Evaluates the overall effectiveness of complex arguments.

Effectively uses mental processes that are based on identifyingsimilarities and differences (compares, contrasts, classifies).Specifically:

Identifies abstract patterns of similarities and differencesbetween information on the same topic but from differentsources.

Identifies abstract relationships between seemingly unre-lated items.Identifies the qualitative and quantitative traits (other thanfrequency and obvious importance) that can be used toorder and classify items.

Applies basic trouble-shooting and problem-solving tech-niques. Specifically:

Engages in problem finding and framing for personal sit-uations and situations in the community.

Represents a problem accurately in terms of resources, con-straints, and objectives.

Provides summation of the effectiveness of problem-solv-ing techniques.

Examines different options for solving problems of his-torical importance and determines why specific courses ofaction were taken.

Evaluates the feasibility of various solutions to problems;recommends and defends a solution.

Applies decision-making techniques. Specifically:

Analyzes current or pending decisions that can affectnational or international policy and identifies the con-sequences of each alternative.

Evaluates the costs and benefits of various alternativeswithin a decision.

Organization and ContentThe text is divided into six units. Each unit contains three

or four chapters. The following provides a brief overview:

IntroductionThe introduction overviews the content areas of criminal

law, procedure, justice, and criminology. Readers are chal-lenged to take an active role in learning about the system.

Unit 1: Crime

Chapter 1Crime and Its VictimsAn examination ofAmerica's crime problemfocusing on its human victimsand efforts to compensate them, its context in American his-tory, and methods for quantifying the problem of crime.

Chapter 2Who are the Criminals?An examination ofthose who commit crimes, from the violent street criminal tothe con artist to the white-collar criminal. A special focus isgiven to youth gangs.

Chapter 3Crime and DefensesA basic primer in crimi-nal law detailing how crimes are classified and defined, whatelements constitute a crime, types of crime, legal defensesavailable to defendants, and a special focus on homicide,crimes of stealing, hate crimes, and computer crime.

Unit Two: The Police

Chapter 4Police and SocietyA survey of public attitudesabout police, the history of law enforcement, and the day-to-day activities of the police.

Chapter 5Methods and InvestigationsAn exploration ofthe structure of local police departments and methods ofpolicing and investigation, including community policing,chain of custody, eyewitness identification, the use ofinformants, and the growing importance of crime labs.

Chapter 6Police and the LawAn examination of howconstitutional doctrines and criminal procedures effect thework of the police with a special focus on the law of searchand seizure, interrogations and confessions, and the exclu-sionary rule.

Chapter 7The Limits of Police AuthorityAn explorationof the use of force, controversies over allegations of policebrutality, racial profiling, corruption in policing, and meth-ods for policing the police.

Unit Three: The Criminal Case

Chapter 8The Courts and Case ProcessAn overview ofthe court system, judges and judicial independence, the roleof prosecutors and defense attorneys, the criminal trial adver-sary process, the use of evidence to establish facts, and thesteps of the criminal trial process.

Chapter 9Investigation and ArrestAn introduction tothe law of arrest and to the hypothetical case upon which theunit is based.

Chapter 10PretrialA step-by-step immersion into pretrialprocesses and issues, including the role of the defense attor-ney, the first judicial appearance, bail, prosecutorial review,plea bargaining, and probable cause and arraignment hear-ings.

Chapter 11The TrialAn in-depth coverage of key steps ofthe criminal trial, including the courtroom setting, jury selec-tion, opening statements, the use and rules of evidence, clos-ing arguments, the judge's instructions, jury deliberations,and verdict.

Unit Four: Corrections

Chapter 12Corrections and SocietyAn exploration ofthe rationale and theories of punishment, a brief history ofcorrections in America, and a review of major policy issuesconcerning sentencing of convicted defendants.

Chapter 13Current DebatesA look at the high rate ofincarceration and the policies driving it (such as three-strikesand truth-in-sentencing laws), the question whether somemandatory minimums violate the Eighth Amendment, andthe issue of whether federal drug sentencing laws are unfairto African Americans.

Chapter 14Alternatives to PrisonAn examination of themajor alternatives to incarceration including fines, proba-tion, community service, and community-corrections pro-grams.

Chapter 15Prisons TodayA look at America's prison sys-tem from the inside, its population and conditions, legalchallenges to overcrowding, and the problem of violence.Also a focus on the issues of parole and recidivism.

Chapter 16Capital PunishmentAn examination of thelegal and political issues raised by the death penalty.

Unit Five: Juvenile Justice

Chapter 17From Criminal to DelinquentHow a separatesystem developed for young offenders, the underlyingassumptions of that system, and how the emphasis fromrehabilitation to punishment has shifted over time.

Chapter 18The Problem of DelinquencyAn examina-tion of delinquency, status offenses, and the major steps inthe juvenile adjudicatory process.

Chapter 19Children and the ConstitutionAn explo-ration of the rights of juveniles as protected by key provisionsof the Bill of Rights and how they differ from those thatapply to adult offenders.

Chapter 20Juvenile CorrectionsA look inside juvenilecorrections focusing on the various models for placing andtreating offenders, the issue of waiving jurisdiction and trans-ferring juveniles to the adult system, and controversies suchas those concerning the death penalty for juveniles and dis-proportionate minority confinement.

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Unit Six: Solutions

Chapter 21The Causes of CrimeAn introduction to var-ious theories about the causes of crime and the debates thatthey engender.

Chapter 22Crime and the GovernmentAn examinationof the federal and state governments' role in finding solu-tions to the crime problem and debates over various policyoptions to reduce crime and to improve the fairness of thecriminal justice system.

Chapter 23Crime and the CitizenCitizen options andissues relating to becoming involved in helping address oursociety's crime problem, including the history of vigilantism,crime in the schools, burglary prevention in the neighbor-hood, and local political action.

FeaturesThe Criminal Justice in America text contains the followingfeatures to support teaching of the material:

Reading and Directed DiscussionThese narrative sectionsprovide background information on the substantive aspectsof the criminal justice system: law, procedures, and issues.Each reading is supported by a series of discussion questionsto check comprehension, clarify content, and promote analy-sis and evaluation. In addition, almost all of these narrativeslead into an accompanying high-interest group or individualactivity, which forces the learner to grapple with the materialin the reading.

Class ActivityA group or individual classroom activity toprovide learners with an opportunity to gather more infor-mation on the topic, apply the concepts in the reading torealistic hypothetical situations, and practice analytical, criti-cal-thinking, and decision-making skills. Activities have beendesigned to provide a variety of learning strategies, includingrole play, simulation, debate, and research. Many of the activ-ities model real-life criminal justice decision-makers dealingwith the problems encountered in their professions: thepolice, prosecutors, defense attorneys, judges, and probationand parole officers. Others demonstrate the role of legislative,judicial, and executive policy-makers who make, interpret,and enforce the law.

Ask an ExpertA series of activities utilizing outsideresource expertslawyers, police officers, probation officers,judgesto find out how the criminal justice system works inthe real world. In addition, many of the group activities lendthemselves to having an outside resource person provide addi-tional data and debrief the activity to compare the processesand decisions in the simulation with those operating in thelocal jurisdiction.

Special Features in Unit 3: The Criminal CaseA set ofunique features to provide students with a step-by-step guideto the investigative, pretrial, trial, and verdict phases of acriminal case. As well as educating students about the majorassumptions, laws, and procedures that govern a criminaltrial, the chapter is specifically designed to help students pre-pare to participate in a mock trial and intelligently follow

local criminal trials as they are reported by the media. Usingthe hypothetical "drive-by" homicide case of People v. Carter,the chapter includes these additional features:

Case Notes, which provide an ongoing storyline cover-ing the facts, characters and drama of the trial.

Key Steps, which outline the law and procedures of thecriminal pretrial and trial.

Activities, which put the students into the shoes of thetrial's key playersprosecutors, defense attorneys, judgesand jurorsto make the arguments and decisions to settlethe fate of the defendant.

Special Internet FeaturesThe Constitutional RightsFoundation web site has resources and links for every chap-ter of the book. Go to www.crf-usa.org, click on Links, andclick on Criminal Justice in America Links.

Section 2: Teaching StrategiesGood teaching engages the learner with interactive learningstrategies, such as directed discussion, role play, simulation,debate, and research. Criminal Justice in America utilizes all ofthese methods and features special applications modeling vir-tually every key procedure in the criminal justice system:mock trials and hearings, legislative and policy-making bod-ies, and decision-making functions of prosecutors, defenseattorneys, jurors, judges, probation officers and paroleboards.

In addition, Criminal Justice in America provides models fortaking the learning process outside the classroom into thecommunity. It contains opportunities for making field visitsto criminal justice institutions such as courts and police facil-ities, conducting and analyzing opinion polls, doing outsideresearch, and conducting crime prevention and police-com-munity projects. These activities not only promote servicelearning, they also help students compare the theoretical toactual practices and learn about specific laws and proceduresthat apply to their own jurisdiction.

In reviewing the materials, note that instructions for con-ducting the various activities are built into the text. It is

important that the teacher utilize as many of these learningopportunities as possible. They are designed to:

Improve comprehension and concept building by givingthe learner the opportunity to review the content coveredand apply it to a problem or hypothetical situation in ameaningful and challenging way.

Develop analytical and critical-thinking skills by makinginferences, evaluating evidence, predicting consequences,weighing benefits and costs, identifying and generatingalternatives, and stating and supporting opinions anddecisions.

Connect the theoretical and abstract learning of the class-room to real-world domains of issue-oriented citizenship,including those of political and institutional decisionmaking, policy formulation, and political participation.

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The following is a brief guide to help teachers plan for andutilize the major teaching strategies employed in the text. Itis recommended that teachers review these general guidelinesbefore conducting the various strategies and refer back tothem as required.

Directed DiscussionDirected discussion is an essential part of classroom learningand especially important in civic and law-related education.It gives the learner an opportunity to check comprehensionof the material, compare observations with other classmates,practice communication, develop confidence, and practicehigher-order analytical and critical-thinking skills. Each read-ing in the text is supported by questions to help teachers con-duct directed discussions about the major terms and conceptsit contains. Sample answers for more technically oriented andhigher-order questions are provided for guidance. Dependingon the skill levels of the class, the teacher may wish to addand ask additional questions, as necessary.

In discussing a reading or debriefing an activity, it is alwaysimportant to employ effective questioning techniques,including proper "wait time," appropriate verbal and non-ver-bal cues, and necessary follow-up. It is also important that allstudents get the opportunity to answer questions, which mayrequire calling on less assertive learners, as necessary.

When a question calls for a personal opinion, encourage stu-dents to:

Clearly state their opinion.

Support it with facts, logical arguments, or references toparallel situations and circumstances.

Clearly define the terms they use.

This will give students practice in stating and giving reasonedsupport for their opinions. It will also develop criteria bywhich students can judge the opinions of others.

Cooperative and Small-GroupLearningCooperative and small-group learning gives students practicein communication, participation, teamwork, bargaining,sharing, and compromise. In addition, these strategies helpstudents of all ability levels learn more effectively. Researchalso has demonstrated that cooperative learning, in particu-lar, improves comprehension and conceptual learning.Dozens of small-group and class activities are incorporatedinto Criminal Justice in America. Many lend themselves tocooperative learning and teachers are encouraged to applythese techniques. To facilitate their use, the procedural stepsof conducting the various activities are detailed in the text.

In general, to maximize student involvement in these activi-ties:

Construct groups to include a heterogenous mix of stu-dents. Consider academic and verbal skills, gender, ethnicand affective factors.

Give students specific objectives; then give clear instruc-tions for meeting these bjectives.

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Limit your instructions to the task at hand. If students areunfamiliar with small-group work, divide the activity intoseveral segments, each with its own objective. Give groupsinstructions for completing the first task. When thatobjective has been accomplished, proceed to the secondtask and so forth.

Check student comprehension of instructions and goalsbefore each segment of the activity.

Circulate to monitor each groups' progress throughoutthe activity.

Divide student tasks so that each individual must accom-plish his or her task for the group to be successful in itsfinal product. This provides individual motivation andpromotes positive peer pressure.

Encourage students to help one another in accomplish-ing individual tasks. Provide positive reinforcement forgroup accomplishments and for the contributions ofindividual members.

Hold all students accountable for their groups' decisions,actions, and reports to the class. Also, hold each individ-ual in the group accountable for his or her work.

Using Resource ExpertsClassroom visits from informed professionals can be a valu-able teaching tool. Resource experts serve as role models andmake community institutions more familiar. Furthermore,research has demonstrated that effective use of outsideresource persons is an essential component of law-relatededucation programs designed to reduce delinquency.

Criminal Justice in America is designed to give teachers quali-tative and consistent methods for utilizing outside resourcepersons. The Ask an Expert activities provide an ongoingstructure for utilizing resource persons at key content points.Even more importantly, resource experts can provide addi-tional content support to the substantive readings andshould be encouraged to participate in a critiquing anddebriefing activities in which students take on the variousdecision-making roles of the criminal justice system.

To assure effective use of resource persons, balance in pres-entation and preparation are key factors. It is important thatresource experts do not give an unrealistically glowing orgloomy picture of the criminal justice system. When dealingwith controversial issues such as the exclusionary rule or sen-tencing, both sides should be presented. With many legalissues, it is often effective to balance a prosecutorial point ofview with that of the defense bar.

Key to successful preparation of outside resource persons isintegrating their expertise into your planned lesson or activ-ity. Experts can serve as subject-matter specialists to enrichthe presentation provided or to explain differences in locallaws and procedures. They can help students prepare for rolesin a simulation from the point of view of a working profes-sional. Using their own experiences, resource volunteers canhelp debrief the activity by comparing the decisions reachedby the students with those reached in the real world.

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Avoid using resource experts to give unstructured lectures orcareer advice. Some experts, inexperienced in working in aneducational setting, have the tendency to talk over the stu-dents' heads or resort to "war stories." Such anecdotes, whileinteresting to the students, can give an inaccurate picture ofthe system. If desirable, set aside a short period at the end ofthe visit for a question and answer session to deal with suchmatters.

Finding experts and arranging visits need not be difficult.The public information offices of local or state law-enforce-ment agencies, the courts and bar associations are all goodsources for contacting people from the justice system. Policedepartments often have community relations or educationalofficers who make school visits. Offices of elected officialsusually provide constituent services and can identify appro-priate speakers from government institutions. Finally, manylocal college or university faculties have criminal justiceinstructors or political science professors who specialize inlaw.

When you contact a resource person to make arrangements,be sure to:

Explain the purpose of the visit. Briefly describe your les-son objectives and how the guest will support it.

Place the visit in context. Explain the class's current fieldof study, your planned follow- up activities, etc.

Describe the audience. Tell the resource person how manystudents will be present and briefly characterize their age,interests, and achievement levels.

Specify the scope of the presentation, both in time andcontent. Be sure this reflects the grade level, maturity, andattention span of your class.

Request specific dates and times. Suggest two or threealternatives from which your guest can choose. (Manyresource persons require at least three weeks advancenotice.)

Be sure the visitor has the correct address, appropriatedirections, and parking instructions.

After arranging the visit, confirm it with the principal andother appropriate personnel. It is probably wise to get finalconfirmation from the resource expert a few days before thepresentation.

To make the visit most effective:Prepare the class. Discuss the purpose of the visit and pro-vide basic information about the resource person. It mayprove useful to have the class compile a list of questionsto ask the expert at the conclusion of the lesson.

Remember that resource experts are not trained teachers.During the presentation, you may need to direct both theguest and the class with appropriate questions and othercues or intervene to ensure students are on-task andrespectful.

Allow sufficient time at the close of the class for a sum-mary of the presentation and a thank you to the guest.

Thank-you letters are greatly appreciated by speakers andcan easily serve as a language arts lesson.

In addition to the debriefing questions in the followingmaterials, ask students to comment on what they learnedfrom the experience and how it influenced their viewsabout the speaker's profession or topic. Encourage theirconstructive suggestions for improving such experiences.

Peer TeachingWith peer teaching, young people can practice and applytheir research and communication skills while impro'vingtheir self-esteem. By taking on the responsibility of teaching,students can benefit from one another's knowledge, attitudes,and experiences. Peer teaching can occur in nearly any grouplearning situation, but is most successful when studentsinstruct those younger than themselves.

"To teach is to learn twice over," so the saying goes, and themost essential part of peer teaching is that students mustthoroughly learn and then demonstrate their knowledge ofthe subject matter at hand. Peer teaching stresses planningand organization skills. Educators should assist students indeveloping presentation and teaching skills.

Handling ControversyThe materials in the text are designed to stimulate the activeinvolvement of students by using methodologies that stressparticipation. This is particularly true when discussing issuesof public policy and criminal justice. As such, some of thehypotheticals are inherently controversial. These were devel-oped for two reasons: (1) to provide a realistic context for thediscussion of the criminal justice system and (2) to generatecritical thinking, debate, and analysis on the part of the stu-dents.

It's important to lay down ground rules and post them in theclassroom in advance of discussing controversial issues.Discuss with the class what these rules should be and get theclass to agree in advance to abide by the rules. Below are somesuggested rules:Students should:

argue ideas,-not personalities or prejudices.

represent the opposing position(s) fairly and accurately.

demonstrate an attempt to understand the opposing per-spective(s).

be able to admit doubts and weaknesses in their own posi-tion.

concentrate on evidence in their arguments.

If a serious disagreement arises in your classroom, remindstudents that they agreed to abide by the ground rules andthen set about clarifying the disagreement:

Identify the issue or issues under dispute.

Identify areas of agreement and disagreement.

Identify underlying assumptions.

Make sure students concretely define terms and avoid slo-gans.

12 BEST COPY MAILABLE

The process of definition may bring the subject to closure. Ifnot, use an appropriate strategy for addressing the controver-sy, such as a discussion, research, formal debate, an anony-mous writing assignment, private or public mediation, or aforced perspective activity in which students must argue anissue from the other side. Note that some of these activitiescan be prepared or completed outside of the class withoutserious disruption to your schedule.

Students should look for a chance to air their own views,hear their opponents' views, and examine both. Be sure stu-dents understand that closure of a controversy does not meanone side wins.

Field ActivitiesField activities can be completed as a class or students canvisit places in independent groups of two to six. Either way,field activities increase student interest and actively involvethem in the learning process. They also acquaint studentswith how the law and the criminal justice system work intheir own communities, what specific problems relating tocrime the community faces, and how students might help indealing with the problems. In short, field activities can be anessential first step to both effective service learning and citi-zenship.

Organization and pre-planning are essential to getting themost out of field studies activities. Make certain studentsestablish goals (what they want to get out of this visit) andprepare questions to ask while on site.

Here are some tips for successful field activities:

1. Contact the group or institution to be visited at least twoweeks in advance. Summarize the purpose of the visit andidentify the staff available to meet with the students.Provide vital information, such as number of students,their age, and grade level. One day before the visit, calland confirm the appointment with the organization. It isuseful to involve students in this process so that they cantake a greater responsibility for future arrangements.

2. Prepare students for the visit. Brief them on the properdress and behavior expected of them outside the class-room. Help them develop questions to ask on site. Theanswers to the questions can serve as the basis of a reportback on the activity to be given in class or for extra cred-it.

3. Students allowed to complete their field activities unsu-pervised should be chosen with regard to their past behav-ior. If parental consent is necessary, prepare students withproper forms. While many field visits can be arranged fornon-school hours, help make arrangements for permis-sion for excuses from other classes, if necessary.Transportation arrangements should be discussed andconfirmed.

4. After the visit, discuss the activity by using debriefingquestions, such as: What happened during the visit? Howdid it affect your view of the criminal justice system?

10

What major insights about the system did you gain? Didyou encounter any problems during the experience? Howcould this field activity be improved?

Polling ActivitiesStudying opinion polls help students understand the role ofpublic opinion in formulating and debating public policy.They also give students a view of community opinions, atti-tudes, and perceived problems. Criminal Justice in America citesmany opinion polls and even provides several suggestedpolling activities, which are designed to assess student or com-munity opinion about a range of issues. All the opinion pollsin the text offer opportunities for further activities. Studentscan:

Analyze the questions, looking to see if the phrasing couldbe improved.

Create their own survey, based on the poll.

Use the opinion poll to conduct a survey of students orthe community.

If students are going to undertake a poll, consider the follow-ing guidelines:

1. Before Conducting a Polling Activity. Lead a class dis-cussion on the role opinion gathering plays in our society.Then discuss some of the practical considerations of opin-ion sampling. For example:

Help students understand the purpose of samplingby discussing the difficulties of polling every mem-ber of a community. Ask the students to decidewhat their collective sample should be. Make surethat students understand that the results of theirpoll, given the statistical sample, probably will notbe scientifically valid, but can give a rough indica-tion of opinion.

Discuss the general rule of polling: Every person inthe "universe" they're seeking to assess should havean equal chance of being polled. For example, iftheir "universe" is a high school (grades 9-12), thepoll should not just be given in senior homerooms.

Using the school poll example, explain that thenumber of students sampled by grade also shouldbe proportional to their size in the "universe." Forexample, if 150 students are to be asked to fill outthe questionnaire and 30 percent of the students inthe school are juniors, then roughly 45 (30 percentof 150) of those questioned should be juniors.

Review the tips on Activity Master 0.3 OpinionSurveying and if time allows, have the studentspractice role playing before they ask people to fillout the questionnaire. As practice, conduct the pollwith the class as the universe and have studentswork in pairs to poll one another. The results ofthis poll can serve as a baseline comparison toschool-wide or community results.

13

2. Conducting the Poll: Based on the sample, each studentshould be given a specific number of subjects to poll. Forinstance, using the example from above, assuming a tar-get of 150 subjects and a class size of 30, each studentshould poll five students. Polling could be conducted dur-ing lunch, after school, during a weekend, or betweenclass periods. Instruct students to complete their pollingby the next class session.

3. Tallying the Poll Results: A fast method for tallying is toreassemble the class in their assigned poll-taking groups.Have each group tally its questionnaires. Then combinethe group tallies for the class as a whole.

4. Debriefing the Poll Results: One interesting way todebrief polling activities is to compare results among thevarious groups polled. Pay particular attention to school-wide or community results. This can be done on an item-by-item or on a selected item basis. Ask students to try toexplain the differences in results. Also, debrief the pollingexperience with questions such as:

What problems did you encounter when conduct-ing the poll? How did you overcome these prob-lems?

How did it feel to conduct the poll? How cooper-ative were your subjects?

Did any of your opinions change as a result ofconducting the poll? Why or why not?

Based on your experience, is polling a valuableway to assess public opinion? Why or why not?

If you were to conduct another poll, what wouldyou do differently? The same? Why?

Briefing Supreme Court OpinionsThe text cites many Supreme Court opinions. Some studentsassume that because the Supreme Court decided a case, thisdecision is the one and only correct answer. Stress that for acase to reach the Supreme Court, both parties had to holdstrong reasons and values that they thought should win. Ifthe court had different members, a different decision maywell have been reached. As a matter of law, Supreme Courtdecisions provide a definitive answer to the issue posed, butmany are subsequently modified or even reversed. Emphasizethat they can disagree with a court opinion, but they shouldbe able to support their opinion with good reasons.

In law school, students usually brief cases, i.e., make shortsummaries of court opinions. As an additional exercise, youmight assign different students to brief one of the manyopinions mentioned in the text. Most of these opinions arereadily available on the Internet and can be found from linkson Constitutional Rights Foundation's web site. (Tell stu-dents to go to www.crf-usa.org, click on Links, click onCriminal Justice in America Links, and click on Table of Cases.)When students encounter a case on the Internet, it usuallydivided into:

A syllabus (a shortened version of the case, but it may beeasier for students to read the case itself rather than the syl-labusencourage them to go beyond the syllabus).

Opinion of the court. Court opinions vary in length.Some can be quite long, but most are about five pages.

Concurring opinions.Dissenting opinions.

When briefing a case, students can use the form on ActivityMaster #0.4. Before students brief cases on their own, be sureto give a demonstration in class and some practice cases.Below is a sample brief of U.S. v. Ross, which is discussed inthe student book on pages 82-85.

Brief of Court Opinion for U.S. v. Ross

Name of Court: U.S. Supreme CourtDate Decided: 1982 Vote: 6-3

Facts: Police pulled over suspect Ross because a reliableinformant told them he was dealing drugs and had them inthe trunk of his car. Without a warrant, police searched thetrunk and found a paper bag with small cellophane bagsinside containing white powder. At the station, police againsearched the car and found $3,200 in cash.

Most Important Issue: Did the search of the car violate theFourth Amendment?

Holding: No, police may conduct searches of vehicles withoutwarrants as long as they have probable cause.

Reasoning: For searches of automobiles, the court made anexception to the warrant requirement because if police had towait to get a warrant, cars could easily be moved and any evi-dence in them could be concealed or destroyed.

Dissent: This decision repeals the Fourth Amendment's war-rant requirement and ignores the importance of letting ajudge determine probable cause. Furthermore, the court restsits decision on the mobility of cars. It fails to explain why thepolice could not have seized the paper bag, gotten a warrant,and then searched it.

Do you agree with the opinion of the court? (Studentsshould answer this with reasons.)

Using Editorial CartoonsEditorial cartoons are in various places throughout the text.They offer opportunities for additional student activities.Students can:

14

Analyze the cartoons in the book. Activity Master 0.5 pro-vides a framework for analysis.

Collect additional cartoons. Make sure that studentsunderstand they are to collect editorial cartoons, whichexpress an opinion, and not other comics, which may havecriminal justice as a topic but which do not necessarilyexpress an opinion. Students can use Activity Master 0.1as a subject guide for collecting cartoons. Once they havecartoons, they can analyze them using Activity Master 0.5or create scrap books or bulletin board displays.

EST COPY AVAILABLE

Create a cartoon on a criminal justice subject. You mightsuggest that students a new cartoon to counter one theydisagree with in the text.

Updating Statistical ChartsThe text has more than 50 charts, most filled with statisticsfrom federal government sources. Many of these charts areupdated annually. If students have Internet connections, theycan be assigned to find and report to the class on the updat-ed version of one of these charts. Listed below are the chartsthat are usually updated each year and the page they are onin the student text.

The Age of Victims of Violent Crimes 9

Murder by Intimates 10

Crime Index Offenses 11

Property Crime Rates 12

U.S. Homicide Rates 25

Age of Gang Members 30

Federal Law-Enforcement Officers 61

Starting Police Salaries 67

Local Police Officers 68

Felony Defendants 125

Time from Arrest to Adjudication 127

Felony Convictions in State Courts 135

Size of Juries in Felony Cases 145

Corrections Population 173

Number of Adults in Prison 181

Prisoner Profile 186

Prison Spending 189

Characteristics of Adults on Parole 209

Number of Persons Executed 213

Persons Under Sentence of Death 215

Juvenile Court Processing 233

Percent of Arrests Involving Juveniles 240

Rates of Juveniles in Custody 250

Rate of Violent Crime 283

12

Section 3: TeachingProcedures

Initial RecommendationsBefore beginning instruction on Criminal Justice in America, itis recommended that the teacher:

Identify several potential outside resource people, such asa lawyer and a police officer, who can support instructionon the material and serve as a content resource person.

Thoroughly review the readings and activities in each ofthe chapters.

Review the material available on the Criminal Justice inAmerica section of Constitutional Rights Foundation'sweb site.

Determine whether to teach the entire text, specific chap-ters, or parts within chapters. Factors in making thisdetermination might include your curriculum goals, theinstructional time available, students' ability level, andtheir familiarity with small-group work. When you havemade the selection, estimate the amount of time neces-sary to adequately cover the material and plan according-ly.

If desirable, assess students' general attitudes about thecriminal justice system by reproducing and distributingcopies of the Pre- and Post-Observations, an opinionmaster. This instrument can also be administered at theconclusion of the study to determine changes or shifts inattitudes.

Adequately prepare each lesson by reading each article,reviewing and adjusting the questioning strategy, review-ing activity procedures (which are provided in the text)These give clear instructions for both the teacher and thestudents. It is important to review them in advance andwith the students in class before conducting the activity.

In preparing a lesson, viewing the resource material onthe Criminal Justice in America section of ConstitutionalRights Foundation's web site may provide backgroundinformation and additional lesson ideas.

When preparing for a lesson, note that model answers areprovided in many, but not all, cases. Answers are provid-ed for exercises or questioning sequences in which stu-dents are required to apply concepts of a technical legalnature. They are generally not provided for answers read-ily apparent from the text or for those questions askingstudents to state and support their own opinions. Thesequestions are best evaluated by the teacher based uponthe information provided.

Teaching SequenceThe following sections, organized chapter-by-chapter,describe a recommended teaching sequence for the materialcontained in Criminal Justice in America. In most cases, each

15

lesson sequence will contain at least one reading and discus-sion and at least one classroom activity. In many cases, how-ever, additional readings and activities are included for fur-ther exploration. In using the sequence, please note the fol-lowing symbols and their meanings which are used through-out:

AM' This symbol means that an activity master (which canbe reproduced for distribution to students) supports the read-ing or activity. Activity masters are designated by number andcan be found in Section 4: Activity Masters. The first activi-ty for each unit is called Legal-Ease and consists of a glossaryof key legal terms. This activity master can be distributedafter students read the introduction. It will support theirstudy of the rest of the unit.

raThis symbol means that a resource person is recom-mended for conducting this lesson. Note: Only those activi-ties designated "Ask an Expert" actually require a resourceperson.

This symbol means that this reading, feature, or activ-ity, while recommended, is optional.

Introducing the TextPreparation:

Review the Introduction to the text.

Bring to class six or seven recent editions of your localnewspaper complete with all sections and five or six pairsof scissors or marking pens.

Sufficient copies of Activity Master 0.1 Newsbreak.

Procedure:

1. Introduction: Briefly overview the purpose for a study ofthe criminal justice system based on the rationale provid-ed in this teacher's guide. If desirable, also cover the goalsof the study as described in this guide (p. 4).

2. Focus Activity: Crime and Popular Culture BrainstormAsk students to think of a movie, book, song or televisionshow that has something to do with crime. Studentsshould give the title or description of the work. Then ask:Why do you think crime is such a popular subject?Encourage students to state and support an opinion.Explain that writers and artists have long been fascinatedby crime, the police, criminals, criminal trials, and pris-ons and that their study of criminal justice will help themlearn about the reality of these issues.

3. Reading and Discussion: Have students read the intro-duction to the text (pp. 5-6). Write the terms CriminalLaw, Criminal Procedure, Criminal Justice System, andCriminology on the board. Ask students to give defini-tions of each and demonstrate their understanding of theterms by providing examples for each. Discuss any ques-tions they might have.

4. Activity: Newspaper Crime Search

Step 1. Explain to students that issues of criminal justiceare not only a popular subject for fiction, but they inter-

est the news media as well. Newspapers, news magazines,television news broadcasts, and documentaries oftencover issues of crime and are an excellent resource for astudy of the subject.

Step 2. Write the following headings on the board: Crime,Police, Criminal Trials, Corrections, Juvenile Justice, andSolutions. Explain that each heading corresponds to oneof the chapters in the text. Then distribute ActivityMaster 0.1 Newsbreak and review the descriptions withstudents.

Step 3. Divide the class into groups of four to five stu-dents and give each group a newspaper (or give eachgroup one of the major sections of the paper).

Step 4. Instruct students to work in their groups to skimnewspapers for articles, features, cartoons, photos,reviews of movies or books, and advertisements that fitinto the categories. Each one found should be clipped orcircled with a marking pen and categorized.

Step 5. Debrief the activity by having groups report onthree items from each category, stating why they decidedto place the items under those headings. (Note: Items maylegitimately fit into more than one category.) Then ask:

What percentage of your newspaper is devoted tocrime issues?

What percentage of your items fell under the"solutions" category?

Why do you think the media pays so much atten-tion to crime?

5. Follow-up Activity: Students can continue to collect arti-clei as an ongoing individual activity for credit or extracredit. As they progress through the text, students can usethe categories to collect items and prepare (1) scrap booksor (2) a class bulletin board or collage.

6. Additional Resources: Also included are four additionalactivity masters for optional use:

Activity Master 0.2 Research Activities forEnrichment and Extra Credit outlines individ-ual research and reporting activities students cancomplete for the first four chapters of the book.

Activity Master 0.3 Opinion Surveying providesbackground information and tips for review bythe teacher and student before conducting any ofthe survey activities throughout the book.

Activity Master 0.4 Briefing a Case provides aframework for students to brief court opinions,which are frequently cited in the text and can befound on the Internet and in libraries.

Activity Master 0.5 Analyzing an EditorialCartoon provides a framework for analyzing edi-torial cartoons. Cartoons are found in the textand students can collect their own cartoons onthe various criminal justice topics.

13

16

Unit 1: Crime

Overview: A three-chapter unit focusing on crime victims,compensation, and a historical perspective on violent crime;violent and non-violent criminals including gangs and whitecollar offenders; and the definition of crime in terms of ele-ments, types of crime, and defenses to criminal charges.

Objectives: By the completion of this unit, students will beable to:

1. Describe the effects of crime on victims of domestic vio-lence, robbery, and identity theft.

2. Decide whether hypothetical crime victims should receivevictim compensation based on criteria.

3. Identify restitution and compensation as methods foraddressing the plight of victims.

4. Express and support an opinion on whether a crime vic-tim's rights amendment should be added to the U.S.Constitution.

5. Demonstrate a historical awareness of America's crimeproblem by comparing current conditions with those thatexisted in the past.

6. Compare two methods of measuring America's crimerate.

7. Identify and describe violent street gangs and white-collarcriminals as significant contributors to America's crimeproblem.

8. Distinguish between felonies and misdemeanors and giveexamples of each.

9. Analyze criminal conduct in terms of act, intent, concur-rence of act and intent, and causation.

10. Describe and distinguish among four common homicidecrimes.

11. Describe and distinguish among four common stealingcrimes.

12. Identify and describe self-defense, insanity and entrap-ment as affirmative defenses to criminal conviction.

13. Express a reasoned opinion on whether hate crimesshould be enacted.

14. Describe two different types of computer crime.

Introduction1.1

/1114

Chapter 1: Crime and its VictimsLesson Sequence 1

Who are the Victims?: Introduction to readings about crimevictims. (p. 8)

Victims of Violent Crimes: Reading and discussion aboutvictims of rape and robbery, including personal accounts oftwo victims. (p. 8)

Ask an Expert: Class invites a representative from a rapeor domestic-violence crisis center to discuss services avail-able to victims of these crimes. (p. 10)

14

Lesson Sequence 2

Victims of Property Crimes: Reading and discussion aboutvictims of two property crimesburglary and identity theftand the personal account of two victims. (p. 11)

Lesson Sequence 3

Helping Victims of Crime: Reading and discussion aboutvictim compensation programs. (p. 13)

Class Activity: Crime Victims BoardBased on given crite-ria, students reach decisions on whether to award compensa-tion to victims in given hypothetical cases. (p. 15) A/141 1.2

Lesson Sequence 4

The Push for Victims' Rights: Reading and discussionabout federal and state laws and proposals for protectingcrime victims. (p. 16)

Class Activity: Victims' Rights AmendmentStudents roleplay state legislators deciding on a proposed victims' rightamendment to the U.S. Constitution. (p. 19)

Ask an Expert: Class invites a prosecuting attorney todiscuss victim services and rights in your state. The expertcan also assist in the activity. (p. 18) El gai

Lesson Sequence 5

History of Violent Crime in America: A Look Back . . . :

Reading and discussion about the history of violent crime inAmerica in comparison to current perceptions aboutAmerica's crime problem. (p. 19)

Class Activity: Now and ThenStudents interview an olderperson and compare this person's experience with crimegrowing up to their own. (p. 24)

Lesson Sequence 6

How Much Crime Is There?: Reading and discussion aboutthe two primary measures used to report and analyze thenation's crime problemthe Uniform Crime Reports and theNational Crime Victimization Survey and the trends theyreport in violent crime. (p. 24)

Class Activity: Crime Victim SurveyStudents conduct asurvey about victims of crime in their own community.(p. 26) flm l 1.3

Chapter 2: Who are the Criminals?

Lesson Sequence 1

Youth, Gangs, and Violence: Reading and discussion aboutyouth gangs in America from both a historical and contem-porary perspective. (p. 27)

Class Activity: Take Back the Park In a role play, studentstake part in a policy debate before a hypothetical city coun-cil over a proposed ordinance to ban gang members frommunicipal parks. (p. 32)

17

Lesson Sequence 2

Swindlers and Con Artists: Reading and discussion on white-collar criminals such as Charles Keating and on other fraud-ulent schemes that victimize thousands each year, includingthe Pigeon Drop, Bank Examiner Swindle, Luxury Tax Scam,and telemarketing scams and Internet fraud. (p. 33)

Activity: More ConsStudents research and report onadditional bunco schemes. (p. 36)

Ask an Expert: Class invites an officer from the buncosquad to discuss con games. (p. 34) 10

Chapter 3: Crime and DefensesLesson Sequence 1The Basics of Crime: Reading and discussion about thesources of criminal law and the classification of crimes intofelonies and misdemeanors. (p. 37)

Class Activity: Felony or Misdemeanor?In pairs, studentsevaluate whether certain actions should be crimes, and if so,whether they should be felonies or misdemeanors. (p. 38)

Lesson Sequence 2

Ingredients of a Crime: Reading that describes and explainsthe four elements of all crimesact, intent, concurrence of actand intent, and causation. (p. 38)

Class Activity: Did They Commit Crimes?Students applythe four elements to hypotheticals to determine whether crim-inal conduct has taken place. (p. 39)

Answers to Class ActivityCase 1: Tim: All four elements of battery are

accounted for.

Case 2: Karen: The act and causation are present. Karenhad the intent two months previous to the act, she deniesshe had the intent when the act happened. So the problemarea is the concurrence of act and intent. A judge or jurywould have to decide.

Case 3: Ray: All the elements are present. The only prob-lem area is intent. But it seems like criminal negligence toclean a loaded gun pointed toward children at play.

Case 4: Gina: All the elements are present.

Case 5: Gayle: Three of the elements are clearly present.Causation presents a problem. There was an interveningact (negligence or malpractice) that caused Mary's death.Gayle probably could not be convicted of murder.

Lesson Sequence 3

Murder Most Foul: Reading and discussion about types ofcrimes with a special focus on homicide and various propertycrimes. (p. 40)

Class Activity: Death in the School HallsStudents applytheir knowledge about the elements of homicide to a hypo-thetical case to determine what crime was committed.(p. 42) In

Answers to Class Activity

Murder: Probably not, because it is difficult to establishmalice aforethought since the gun accidentally dis-

charged.

Felony murder: This may be a valid theory. Adam wasattempting to kill Rick (a felony) when he killed anotherperson by accident.

Voluntary manslaughter: Unlikely. Adam had sufficienttime to cool off after he was seriously provoked by Rick.

Involuntary manslaughter: All the elements are present.Rick was engaged in an unlawful actcarrying a gun onschool premisesand by doing so he was criminally neg-ligent. A killing resulting from the negligence would con-stitute involuntary manslaughter.

Lesson Sequence 4No Honor Among Thieves: Reading and discussion aboutthe criminal classifications of different types of stealing.(p. 42)

Class Activity: What's the CrimeStudents analyze a hypo-thetical to determine which crimes of stealing have been com-mitted. (p. 44)

Answers to Class ActivityAmy = larcenyBob = receiving stolen propertyCarol = embezzlementDave = burglaryEden = extortionFrank = armed robberyGina = fraudAsk an Expert: Class invites a criminal lawyer to discusselements of crimes. (p. 43)

Lesson Sequence 5

Hate Crimes: Reading and discussion on the development ofhate crimes, court cases challenging them, and the pros andcons of enacting them. (p. 45)

Class Activity: Hate-Crime BillStudents role play legisla-tors considering a proposed hate- crime law. (p. 48)

Lesson Sequence 6

Cybercrime: Reading and discussion about Internet crimessuch as hacking and fraud. (p. 49)

Class Activity: Free SpeechStudents examine examples ofmaterial on the Internet and decide whether each should beprotected as free speech. (p. 51)

Lesson Sequence 7

Legal Defenses to Crime: Reading and discussion explain-ing the affirmative defenses of insanity, self-defense, andentrapment. (p. 51)

Class Activity: The Insanity DefenseStudents apply thefour insanity tests to a hypothetical case. (p. 55) BE

15


1. M'Naghten Rule: No. There is no evidence thatMark either did not know what he was doing orthat he did not know it was wrong.

2. The Irresistible Impulse Rule: Yes. If Mark'sstatement is true, he was acting under an insaneimpulse and ,couldn't control himself.

3. The Durham Rule: Yes, if it could be shown thatMark's act was the product of mental disease ordefect.

4. Model Penal Code Test: Yes, if it could be shownthat because of a mental disease or defect that helacked substantial capacity to conform his con-duct to the requirements of the law.

Class Activity: What Defense Is Valid? Students apply theelements of the defenses of insanity, self-defense, entrapmentto hypotheticals to determine whether a defense could beraised. (p. 55)


Peter HopeInsanity: No evidence but a possibility.Self-defense: No. Force used was not reasonable.Entrapment: No.

Martha HeartInsanity: No evidence.Self-defense: No.Entrapment: Valid. The officer clearly put the idea inMartha's head.

Karen SanchezInsanity: No evidence.Self-defense: Possible. It depends on whether her beliefabout the salesperson was reasonable under the circum-stances. That it was wrong is not crucial.Entrapment: No.

Class Activity: Debate on InsanityStudents write an essayon the statement: The insanity defense should be abolished. (p. 56)

16

Unit 2: The Police

Overview: A four-chapter unit examining the role and histo-ry of police in society; how police investigate crimes andmethods of policing; the constitutional principles and lawsthat govern their work, including provisions of the Fourthand Fifth amendments of the U.S. Constitution; and the lim-its of police authority, which focuses on racial profiling,police corruption, the use of force, and methods of citizenoverview.


1. Identify common public attitudes about law enforce-ment.

2. Conduct a survey and analyze school and communityattitudes about law enforcement.

3. Demonstrate a historical awareness about law enforce-ment by comparing today's professional law enforcementwith that of previous eras.

4. Explain several different police procedures for identify-ing suspects and express a reasoned opinion on which ismost reliable.

5. Identify the Fourth, Fifth and Fourteenth amendments asthe source of important restraints on police power.

6. Analyze searches to determine their legality.

7. Identify the Miranda rule and describe it in terms of itsunderlying rationale.

8. Describe the exclusionary rule and state and support anopinion about it in terms of its efficacy and fairness.

9. Explain what racial profiling is and express a reasonedopinion on what should be done about it.

10. Identify examples of police corruption and express a rea-

soned opinion on what can be done to prevent corrup-tion.

11. Identify the elements of the doctrine of reasonable forceand analyze hypothetical situations in terms of its appli-cability.

12. Decide hypothetical cases of police misconduct.

IntroductionAll41 2.1

Chapter 4: Police and SocietyLesson Sequence 1

A Question of Attitude: Reading and discussion about citi-zens' different attitudes toward police work and a study ofwhy officers take up police work. (p. 58)

Class Activity: Sampling Class OpinionStudents conducta survey of their class' attitudes toward police. (p. 59)

0.2 and 2.2./1/14

19

Activity: Sampling Public OpinionStudents create andconduct an attitude survey for community members.(p. 59) MI

Activity: Sampling Police AttitudesStudents create andconduct a survey of police attitudes. (p. 59)

Lesson Sequence 2

From Citizen Volunteers to Professional Police: Readingand discussion about how publicly funded police forcesdeveloped. (p. 60)

Class Activity: Police CallStudents role playaction. (p. 62) Ell AA/ 2.3

Answers to question #4 on page 80

a. Yes. The police officer is an agent of the governmentand making an arrest is a seizure.

b. No. Lois, though an agent of the government, did notsearch or seize because such items were clearly visiblefrom her property.

c. No. Sanchez had every right to be on the hill and sawthe stolen cars in plain view.

d. Yes. George has a reasonable expectation of privacy inhis person.

police in e. No. The police did not exercise sufficient custody orcontrol to constitute an arrest.

Class Activity: Is It a Search?After small groups discussactual cases raising issues of search and seizure, individualsresearch online or in a law library to find out how the U.S.Supreme Court ruled in a given case. (p. 80)


a. California v. Ciraolo

Facts: Unable to see over Mike's 10-foot-high fence, policehire a plane and fly over the house at 1,000 feet and seemarijuana plants growing in the backyard.

Court holding: NO SEARCH.

Chief Justice Burger for the court: "[T]he mere fact anindividual has taken measures to restrict some view of hisactivities [does not] preclude an officer's observationsfrom a public vantage point where he has a right to beand which renders the activities clearly visible . . . . Anymember of the flying public who glanced down couldhave seen everything that these officers observed ... [We]readily conclude that respondent's expectation that hisgarden was protected from such observation is unreason-able and is not an expectation that society is prepared tohonor."

Justice Powell dissenting: "[T]he Court believes that cit-izens bear the risk that air travelers will observe activitiesoccurring within backyards . . . This risk, the Courtappears to hold, nullifies expectations of privacy.... Thisline of reasoning is flawed. First, the actual risk to priva-cy from commercial or pleasure aircraft is virtually non-existent. Travelers . .. normally obtain at most a fleeting,anonymous, and non-discriminating glimpse of the land-scape and buildings over which they pass. . . . [On theother hand] [a]erial surveillance is nearly as intrusive onfamily privacy as physical trespass into the curtilage."

Florida v. Riley

Facts: Wanting to see inside Riley's partially coveredgreenhouse, police fly a helicopter at 400 feet and take alook.

Court holding: NO SEARCH

Justice White for the court: "Any member of the publiccould legally have been flying over Riley's property in ahelicopter at the altitude of 400 feet and could haveobserved Riley's greenhouse."

Chapter 5: Methods and Investigations

Lesson Sequence 1

Local Police: Reading and discussion on local police depart-ments, their structure, police work, and opportunities forminorities and women. (p. 65)

Community Policing: Reading and discussion about the the-ory of community-oriented policing and some differentexamples of it in practice. (p. 68)

Activity: Checking Out Community PolicingStudents research and report on local or national effortsat community policing. (p. 70)

Lesson Sequence 2

Criminal Investigations: Reading and discussion aboutinvestigative techniques such as sealing off crime scenes, get-ting eyewitness identifications, and using informants. (p. 43)

Class Activity: Is This the One?Students critically examinepolice procedures for identifying suspects in three hypothet-ical cases. (p. 73)

Lesson Sequence 3

Crime Labs: Reading and discussion on the growing use ofcrime labs and the different components of these labs. (p. 74)

Class Activity: DNA From Everyone Arrested?Studentsevaluate the pros and cons of taking DNA from everyonewho is arrested. (p. 76)

Chapter 6: Police and the Law

Lesson Sequence 1

Criminal Procedure: Introductory reading and discussionabout criminal procedure. (p. 77)

The Law of Search and Seizure: Brief introductory readingon Fourth Amendment limits on police. (p. 78) 111

Lesson Sequence 2

Has a Search and Seizure Taken Place?: Reading and dis-cussion about this first question in analyzing search-and-seizure cases. (p. 78)

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Justice Brennan dissenting: "The question before usmust not be whether the police were where they had aright to be, but whether public observation of Riley's cur-tilage was so commonplace that Riley's expectation ofprivacy in his backyard could not be considered reason-able."

b. Smith v. Maryland

Facts: Police install a device at the phone company officethat keeps track of the numbers that Gilbert dials fromhis home phone.


Justice Blackmun for the court: "When he used hisphone, petitioner voluntarily conveyed numerical infor-mation to the telephone company and 'exposed' thatinformation to its equipment in the ordinary course ofbusiness. In so doing, petitioner assumed the risk that thecompany would reveal to police the numbers he dialed."

Justice Marshall dissenting: "[I]t does not follow that[people] expect this information to be made available tothe public in general or the government in particular.Privacy is not a discrete commodity, possessed absolutelyor not at all. Those who disclose certain facts to a bankor phone company for a limited business purpose neednot assume that this information will be released to otherpersons for other purposes."

c. California v. Greenwood

Facts: Suspecting drug dealing, police have the trash col-lector turn over Bill's trash to them instead of throwingit in the trash truck.


Justice White for the court: " e conclude that respon-dents exposed their garbage to the public sufficiently todefeat their claim to Fourth Amendment protection. It iscommon knowledge that plastic garbage bags left on or atthe side of a public street are readily accessible to animals,children, scavengers, snoops, and other members of thepublic."

Justice Brennan dissenting: "The mere possibility thatunwelcome meddlers might open and rummage throughthe containers does not negate the expectation of privacyin its contents any more than the possibility of a burgla-ry negates an expectation of privacy in the home; or thepossibility that an operator will listen in on a telephoneconversation negates an expectation of privacy in thewords spoken on the telephone."

d Katz v. U.S.

Facts: The FBI listens to Joe's conversation by attachingan electronic eavesdropping device to the outside of thepublic telephone booth he uses at 11 a.m. every day.

Court holding: SEARCH

Justice Stewart for the court: "The Government's activi-ties in electronically listening to and recording the peti-tioner's words violated the privacy upon which he justifi-ably relied while using the telephone booth and thus con-

18

stituted a 'search and seizure' within the meaning of theFourth Amendment. The fact that the electronic deviceemployed to achieve that end did not happen to pene-trate the wall of the booth can have no constitutional sig-nificance."

Justice Black dissenting: "A conversation overheard byeavesdropping, whether by plain snooping or wiretap-ping, is not tangible and, under the normally acceptedmeanings of the words, can neither be searched norseized."

e. Arizona v. Hicks

Facts: Investigating a shooting, police legally enter anapartment looking for weapons and the shooter. Whileinside, an officer spots a high-priced stereo which seemsout of place in the rundown apartment. The officer picksit up, jots down the serial number, puts it down, callsheadquarters, and finds out the stereo is stolen.

Court holding: SEARCH

Justice Scalia for the court: "Officer Nelson's moving ofthe equipment . . . did constitute a `search' separate andapart from the search for the shooter, victims, andweapons . . . . Merely inspecting those parts of theturntable that came into view during the latter searchwould not have constituted an independent search,because it would have produced no additional invasion ofrespondent's privacy interest .... But taking action, unre-lated to the objectives of the authorized intrusion, whichexposed to view concealed portions of the apartment orits contents, did produce a new invasion of respondent'sprivacy .... A search is a search, even if it happens to dis-close nothing but the bottom of a turntable."

Justice O'Connor dissenting: "[I]f police officers have areasonable, articulable suspicion that an object they comeacross during the course of a lawful search is evidence ofcrime, in my view they may make a cursory examinationof the object to verify their suspicion. If the officers wishto go beyond such a cursory examination of the object,however, they must have probable cause."

f Oliver v. U.S.

Facts: Oliver posts "no trespassing" signs around his landand locks the gate to his property. Police go onto a high-ly secluded part of his land about a mile from his houseand find marijuana plants growing.

Court holding: NO SEARCH.

Justice Powell for the court: "The Amendment does notprotect the merely subjective expectation of privacy, butonly those `expectation[s] that society is prepared to rec-ognized as "reasonable."' [A]n individual may not legiti-mately demand privacy for activities conducted out ofdoors in fields, except in the area immediately surround-ing the home . . . . [O]pen fields do not provide the set-ting for those intimate activities that the Amendment isintended to shelter from government interference or sur-veillance. There is no societal interest in protecting theprivacy of those activities, such as the cultivation of crops

21

that occur in open fields. Moreover, as a practical matterthese lands usually are accessible to the public and thepolice in ways that a home, an office, or commercialstructure would not be. It is not generally true that fencesor 'No Trespassing' signs effectively bar the public fromviewing open fields in rural areas."

Justice Marshall dissenting: "[The] law not only recog-nizes the legitimacy of Oliver's and Thornton's insistencethat strangers keep off their land, but subjects those whorefuse to respect their wishes to the most severe of penal-tiescriminal liability. Under these circumstances, it is

hard to credit the Court's assertion that Oliver's . . .

expectations of privacy serve not of a sort that society isprepared to recognize as reasonable . . . . [A] deliberateentry by a private citizen onto private property markedwith 'No Trespassing' signs will expose him to criminalliability. I see no reason why a government official shouldnot be obliged to respect such unequivocal and univer-sally understood manifestations of a landowner's desirefor privacy."

g. Bond v. U.S.

Facts: A Border Patrol agent boards a bus in Texas. As hewalks down the aisle, he squeezes the luggage that passen-gers have stored above their seats. When he squeezesBond's bag, he feels a suspicious "brick-like" object,which the agent believes to be a "brick" of methamphet-amine.

Court holding: SEARCH.

Justice Rehnquist for the court: "Our FourthAmendment analysis embraces two questions. First, weask whether the individual, by his conduct, has exhibitedan actual expectation of privacy; that is, whether he hasshown that 'he [sought] to preserve [something] as pri-vate.' Here, petitioner sought to preserve privacy by usingan opaque bag and placing that bag directly above hisseat. . . . Second, we inquire whether the individual'sexpectation of privacy is 'one that society is prepared torecognize as reasonable.' When a bus passenger places abag in an overhead bin, he expects that other passengersor bus employees may move it for one reason or another.Thus, a bus passenger clearly expects that his bag may behandled. He does not expect that other passengers or busemployees will, as a matter of course, feel the bag in anexploratory manner. But this is exactly what the agentdid here.

Justice Breyer dissenting: "How does the 'squeezing' justdescribed differ from the treatment that overhead luggageis likely to receive from strangers in a world of travel thatis somewhat less gentle than it used to be? I think not atall.... `[A]ny person who has travelled on a common car-rier knows that luggage placed in an overhead compart-ment is always at the mercy of all people who want torearrange or move previously placed luggage' . . . . Thetrial court, which heard the evidence, saw nothing unusu-al, unforeseeable, or special about this agent's squeeze. Itfound that Agent Cantu simply "felt the outside of

Bond's softside green cloth bag," and it viewed the agent'sactivity as "minimally intrusive touching."

Lesson Sequence 3

Is the Search and Seizure Reasonable?: Reading and dis-cussion about this second, final question in analyzing search-and-seizure cases with a focus on the facts of the SupremeCourt case U.S. v. Ross (1982). (p. 81)

Can Police Stop People Because They Run Away?: Briefreading and discussion on Ward low v. Illinois, a case in whichpolice stopped a young man in a high crime area who ranfrom them. (p. 83)

Lesson Sequence 4

Motor Vehicle and Other Exceptions: Reading and discus-sion about the Supreme Court's decision in U.S. v. Ross,which granted an exception to the warrant requirement inmotor vehicle searches, and about other recognized excep-tions to the warrant requirement, such as incident to lawfularrest, stop and frisk, consent, hot pursuit, emergency situa-tions, airline, border, and custom searches. (p. 84)

Ask an Expert: Class invites a police officer or criminalattorney to briefly discuss search-and- seizure law and totake part in and debrief "Applying the Checklist."(p. 85)

Class Activity: Applying the ChecklistWorking in pairs,students apply the Search and Seizure Checklist to evaluatethe legality of some hypothetical search and seizures. (p. 87)


Case 1: Hans Metcalf. Issue is whether a briefcase wasabandoned property. If it was, then what police did wasnot a search and therefore no violation. The question is:Do you have a reasonable expectation that no one willsearch through belongings that you forget? If you do,then this would be a search, and since the police have noprobable cause to make a search, it would be a violation.

Case 2: Vivian Madison. A search but no violationbecause her roommate gave consent to the search and theroommate had a right to be in the garage.

Case 3: Dan Lewis. Clearly made a warrantless searchand seizure. Question is do any of the exceptions apply?There seems no probable causemere suspicion. Lack oflicense plates on the car would allow a car stop, but nota search without probable cause. Question whether searchof the trailer would be justified in any case since it is notattached to the car. No consent for the search. Personsaid, "Go away!" Wisp of smoke does not constitute emer-gency situation especially since the person told him to goaway.

Case 4: Betty Kim. Clearly a warrantless search. Do anyexceptions apply? No consent, because she told him toget out. Search of her pocket could conceivably be legalunder stop and frisk doctrine, but this would be a realstretch. Even if this search and arrest are upheld, the

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search of the house is not incident to the arrest. The offi-cer should have gone back and gotten a warrant to searchthe living room.

Lesson Sequence 5

Interrogation and Confessions: Reading and discussionabout Fifth Amendment restrictions on police. (p. 88)

Class Activity: Taking the FifthIn pairs, students argueFifth Amendment cases before a Supreme Court made up ofother students. (p. 92)


a. Illinois v. Perkins (1990). Statements CAN be intro-duced. In an 8-1 decision, the Supreme Court held thatPerkins' Fifth Amendment rights were not violated. SincePerkins believed he was talking with another inmate, therewas no coercion or "police-dominated atmosphere."

b. Arizona v. Mauro (1987). Statements CAN be intro-duced. In a 5-4 decision, the Supreme Court held thatthe police did not send Mrs. Mauro to elicit statements,nor did they subject Mauro to "compelling influences,psychological ploys, or direct questioning. Thus, his vol-unteered statements cannot properly be considered theresult of police interrogation."

c. Fare v. Michael C. (1979). Statements CAN be intro-duced. In a 6-3 decision, the Supreme Court held that alawyer has a unique ability to protect a suspect's rights. Arequest for a person other than a lawyer is not the same.The court explained that a lawyer understands the crimi-nal process and has the official status to object to wrong-ful police actions. He or she is the only one who can besummoned and have the effect of stop ping police inter-rogation. Otherwise, a suspect like Michael could ask forhis coach, his music teacher or his priest, and still notreceive the legal protections that made the Miranda rulenecessary.

d. Oregon v. Mathiason (1977). Statements CAN beintroduced. A six-member majority Supreme Court opin-ion stated: "He came voluntarily to the police station,where he was immediately informed that he was notunder arrest. At the close of a one half-hour interviewrespondent did in fact leave the police station withouthindrance. It is clear from these facts that Mathiason wasnot in custody 'or otherwise deprived of his freedom ofaction in any significant way.'"

e. Beckwith v. U.S. (1976). Statements CAN be intro-duced. A six-member majority opinion held thatBeckwith was not in custody and therefore Miranda warn-ings were not required. Beckwith could have told theagents to leave at any time.

f. Duckwortb v. Eagan (1989). Statements CAN beintroduced. In a 5-4 decision, the Supreme Court ruledthat the warning given "touched all the bases required byMiranda . . . . The Court in Miranda emphasized that itwas not suggesting that 'each police station must have a"station house lawyer" present at all times to advise pris-oners.' .... If the police cannot provide appointed coun-

20

sel, Miranda requires only that the police not question asuspect unless he waives his right to counsel. Here,respondent did just that."

Ask an Expert: Class invites a criminal attorney or apolice officer to discuss briefly the Miranda decision andto take part in and debrief the activity "Taking the Fifth."(p. 92) R

Lesson Sequence 6

The Exclusionary Rule: Reading and discussion about therule, Mapp v. Ohio, and other Supreme Court decisions.(p. 94)

Fruit of the Poisonous Tree: Brief reading and discus-sion about this doctrine and its exceptions. (p. 95)

Class Activity: A Second Look at the Exclusionary RuleStudents evaluate the pros and cons of the exclusionary ruleand proposed changes to it. (p. 97)

Chapter 7: The Limits of Police Authority

Lesson Sequence 1Racial Profiling: Reading and discussion about racial profil-ing, its constitutionality, and proposals for dealing with it.(p. 98)

Class Activity: What Should Be Done About Profiling?Students role play advisers to a governor who is consideringlegislation on racial profiling. (p. 100)

Lesson Sequence 2

Corruption: Reading and discussion about the problem ofcorruption in our nation's police departments. (p. 100)

Class Activity: Preventing CorruptionStudents evaluatedifferent proposals for preventing police corruption. (p. 103)

Lesson Sequence 3

Use of Force: Reading and discussion about the limits on useof force by police. (p. 103)

Class Activity: Split SecondStudents simulate police split-second decision-making in two hypotheticals and analyzetheir decisions. (p. 104)

Lesson Sequence 4

Policing the Police: Reading and discussion about how citi-zen complaints about police are handled and issues raisedwhen police are subject to prosecution. (p. 106)

Class Activity: A Board of RightsStudents simulate areview board on police misconduct and decide two hypo-thetical cases. (p. 108)

Ask an Expert: Students find out their local policedepartment's policy on the use of deadly force.(p 107) ging

You and the Police: Reading and discussion about what todo when stopped by police. (p. 112)

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Unit 3: The Criminal Case

Overview: A four-chapter unit covering the criminal courtsystem and every key step in the investigative, pretrial, andtrial phases of a criminal case. The unit features an expand-ed mock trial hypothetical in which students assume themajor roles of attorneys, judges, and jurors to apply criteriato make decisions and judgments affecting the case.


1. Identify and describe the function of major roles in thecriminal case process including police, prosecuting attor-neys, defense attorneys, hearing and trial judges, andjurors.

2. Describe the structure of state and federal courts.

3. Express a reasoned opinion on what are valid reasons forsupporting or opposing judges in retention elections.

4. Identify factors used in determining bail and apply themto hypothetical bail situations.

5. Describe the role of prosecutorial discretion and plea bar-gaining.

6. Identify and describe the concepts of probable cause, bur-den of proof, and reasonable doubt.

7. Write a reasoned opinion on whether a gag order shouldbe issued in a hypothetical case.

8. Identify key steps in a criminal trial.

9. Identify and apply factors in selecting a hypothetical jury.

10. Compose an opening statement based on given criteria.

11. Distinguish between direct and circumstantial evidenceand analyze hypotheticals on this basis.

12. Identify basic rules of evidence and state and supportopinions about the admissibility of evidence on thisbasis.

13. Compose and present closing arguments based on givencriteria.

14. State and support an opinion about the verdict in a hypo-thetical case.

Introduction

31/1114

Chapter 8: Courts and the Case Process

Lesson Sequence 1

The Two Systems of Criminal Courts: Reading and discus-sion about the federal and state court systems. (p. 114)

Judges and Judicial Independence: Reading and discussionabout federal and state judges, how they are selected andremoved, and the importance of judicial independence.(p. 115)

Class Activity: Retention ElectionStudents role play votersdeciding whether to retain three justices on the state supremecourt. (p. 117)

Lesson Sequence 2

Criminal Lawyers: Reading and discussion on the role ofprosecutors and defense attorneys.

Ask an Expert: Students invite a representative from alocal law school to explain requirements and coursesoffered.(p. 120)

Lesson Sequence 3

The Criminal Case Process: Reading and discussion aboutadversarial fact-finding. (p. 120)

Class Activity: Just the FactsStudents analyze the facts ofa hypothetical criminal case. (p. 122)

Using this Unit: Explanation of the unit's format, includinginformation about the case guide, key steps, case notes, andactivities, and their symbols. (p. 122)

Chapter 9: Criminal Case, Investigation, andArrest

Lesson Sequence 1

Key Step: Arrest: Brief explanation of arrest and its purpose.(p. 124)

Police Crime Investigation Report: Reading and discussionabout the police report for the mock case of People v. Carter.(p. 124)

Case Notes: State Criminal Code SectionsDescriptionand discussion of mock homicide statutes for the Carter case.(p. 126)

Class Activity: Is It Murder?Students work in pairs toapply the mock homicide statutes to hypothetical situations.(p. 126)


a. Mr. Jones: Murder in the first degree [274(a)]: The long-term poisoning shows clear evidence of premeditation.

b. David: Murder in the second degree [274(b)]: Maliceaforethought is established by the intent to do an act withobvious risk of death or great bodily injury. This has beencalled an act with "an abandoned and malignant heart."

c. Mary: Voluntary Manslaughter [298(a)]: The killing wasintentional but malice aforethought was not presentbecause Mary was provoked and acted in uncontrolledanger.

d. Jim: Involuntary Manslaughter [298(b)(1)]: The killingwas unintentional but dangerous and unlawful. The casecould be made for second-degree murder by arguing mal-ice aforethought was established by the intent to act withan obvious risk of death or great bodily injury.

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e. Donna: Involuntary Manslaughter [298(2)(b)(2)]: Thekilling was unintentional and, though probably not ille-gal, was done with great negligence.

Case Notes: In the Defense of Thomas Carter: Reading onCarter's defense attorney's interview with her client and hernotes on the case. (p. 127)

Chapter 10: Pretrial

Lesson Sequence 1

Key Step: First Appearance Before a Judge: Brief explana-tion of the first court hearing in a criminal case. (p. 129)

Case Notes: The Question of Bail: Explanation of the bailsystem. (p. 129)

Class Activity: Bail HearingIn small groups, students roleplay the prosecution, defense, and judge in a simulated bailhearing for the Carter case. (p. 130)

Lesson Sequence 2

Case Notes: Prosecutorial Review: Explanation and discus-sion of prosecutorial review, including a mock dialogueamong prosecutors discussing what charges to file in theCarter case. (p. 131)

Ask an Expert: Class invites a criminal attorney to dis-cuss prosecutorial review and to take part in and debriefthe activity "The Prosecutor Decides."(p. 134) El

Class Activity: The Prosecutor DecidesIn small groups,students go over various homicide charges and decide whichcharge to bring in the Carter case. (p. 134) fl,j 3.2Answers to Class Activity

First-Degree Murder

Is there evidence that Thomas Carter formedan intent to kill Oscar Hanks? Yes. He toldRobertson, "That man is going to pay in a bigway." This could mean he intended to killhim. Plus the other evidence mentionedunder premeditation.

Is there evidence of premeditation? Yes. Severalthings: What he said to Robertson, getting gunlessons from Robertson, loading the shotgun,and getting someone to drive the car.

Is there evidence which would show that thisintent was transferred to the killing of Joyce AnnMiller (using the doctrine of transferred intent)?Yes. His intent to kill Hanks could be trans-ferred since he killed another person.

or

Is there evidence to show that Thomas Carterformed an intent to kill and premeditated thekilling of Joyce Ann Miller? No. There is no evi-dence to support this.

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Second-Degree Murder

Is there evidence that Thomas Carter formed anintent to kill Joyce Ann Miller? No. He didn'teven know her or realize she was there.

or

Is there evidence that Thomas Carter had theintent to do an act where there was an obviousrisk that death or great bodily harm would result?Yes. He got a gun, learned how to use it, andfired it on a public street.

Voluntary ManslaughterIs there evidence that Thomas Carter formed anintent to kill Oscar Hanks? Yes. Same reasons asabove.

Is there evidence that Oscar Hanks seriously pro-voked the actions of Thomas Carter? Yes. He hitCarter over the head with a bottle.Is there evidence that Thomas Carter did not havesufficient time to calm down after being pro-voked? No. Carter had a full day to calm down.

Involuntary Manslaughter

Is there evidence that Thomas Carter committedan act in a criminally negligent manner? Yes.Carter pointed a loaded shotgun out a car win-dow.

Decision

Considering all relevant factors, what crime wouldyou charge Thomas Carter with? Answers willvary.

Lesson Sequence 3

Plea Bargaining: Reading and discussion on the plea-bar-gaining process, its pros and cons, and court decisions relat-ed to it. (p. 135)

Class Activity: Plea BargainStudents role play prosecutorsand defense attorneys negotiating a plea agreement in theCarter case. (p. 137)

Lesson Sequence 4

Key Step: Probable Cause Hearing: Explanation of prelim-inary hearings and grand jury hearings. (p. 137)

Case Notes: Cater's Probable Cause Hearing: Reading ofoutcome of the grand-jury hearing for the Carter case. (p. 138)

Key Step: Arraignment: Explanation of an arraignment.(p. 138)

Case Notes: An Issue at the Arraignment: Description ofCarter's plea of not guilty and his lawyer's motion for gagorder at the arraignment. (p. 139)

Class Activity: Ruling on the Motion: Students take the roleof judges and write decisions on the gag-order motion.(p. 140)

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Chapter 11: Trial

Lesson Sequence 1

Key Step: Trial Procedures: Explanation of procedural stepsin a criminal trial, including jury selection, opening state-ments, presentation of evidence, closing arguments, juryinstructions, and jury deliberations. (p. 141)

Case Notes: Cast of Characters: Description of and discus-sion about the important players in a criminal trial, includ-ing the judge, bailiff, court clerk, court reporter, prosecutionlawyers, defense lawyers, defendant, witnesses, and jury.(p. 142)

Activity: In the Halls of JusticeStudents take a fieldtrip to a criminal court with worksheet questions andsuggestions for interviews. (p. 143) A/141 3.3

The Courtroom Setting: Brief description and discussion ofcourtroom design. (p. 142)

Lesson Sequence 2

Case Notes: The Trial of Thomas Carter: Reading and dis-cussion about the beginning of the trial of Thomas Carter.(p. 144)

Key Step: Jury Selection: Explanation and discussion of thejury selection process, including voir dire, challenges forcause, and peremptory challenges. (p. 145)

Class Activity: Choosing a JuryStudents take roles of pros-ecuting attorneys, defense attorneys, prospective jurors, andcourt clerk in a jury selection simulation. (p. 147 )1AA4 3.4

Lesson Sequence 3

Case Notes: Trial Strategy: Reading on how to prepare toprove or disprove elements of a criminal case. (p. 149)

Class Activity: Preparing for TrialStudents completecharts that will help them prepare trial strategy. (p. 150)

Lesson Sequence 4

Case Notes: Opening Statements: Explanation of openingstatements and instructions on their preparation. (p. 151)

Class Activity: Writing an Opening StatementBased ongiven criteria, students write opening statements for thedefense and prosecution in the Carter case. (p. 151)

Lesson Sequence 5

Case Notes: Direct and Circumstantial Evidence:Explanation of direct and circumstantial evidence. (p. 152)

Class Activity: Direct or CircumstantialStudents analyzehypotheticals to determine whether they are examples ofdirect or circumstantial evidence. (p. 152)

Answers to Class Activitya Directb. Circumstantialc. Circumstantiald. Directe. Circumstantial

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Lesson Sequence 6

Case Notes: Rules of Evidence: Explanatory reading anddiscussion of some basic rules of evidence, including rele-vance, foundation, personal knowledge, hearsay, opinion tes-timony, argumentative questions, and special rules for directand cross-examination. (p. 153)

Class Activity: ObjectionStudents, given hypothetical situ-ations from the Carter trial, decide whether an attorneyshould object and explain why. (p. 157)


a. Yes. Opinion and lack of personal knowledge.

b. Yes. Hearsay.

c. Yes. Irrelevant.

d. Yes. Opinion and lack of personal knowledge.

e. No. It is proper to ask a leading question on cross-examination.

f. Yes. Opinion and lack of personal knowledge.

g. Yes. The witness has a lack of personal knowledgeas to whether the truck was there or not.

h. Yes. Irrelevant.

i. No. Although it is hearsay, the statement is prob-ably admissible as an admission against interest.

No. Opinions about speed of a car are within therealm of an ordinary person's experience.

k. Yes. Leading question.

1. Yes. Opinion, but because of Joel Robertson'sknowledge about guns, he may be qualified as anexpert.

Class Activity: Cross FireIn this simulation of the Carter

case, students role playing prosecutors and defense attorneysexamine witnesses role played by students. (p. 158)

Class Activity: The Defense RestsStudents role play attor-neys and make closing statements to the rest of the class roleplaying jurors. (p. 162) ) Ail4 3.5

Lesson Sequence 7

Case Notes: Instructing the Jury: Reading and discussionon the purpose and nature of jury instructions and on thosegiven in the Carter case. (p. 163)

Class Activity: We, the JuryStudents form juries and delib-erate on the Carter case. (p. 166)

Class Activity: VerdictStudents write an essay explainingtheir personal verdict in the Carter case. (p. 166)

BEST copy aVADI ADA

Unit 4: Corrections

Overview: A five-chapter unit focusing on the purposes ofcorrections; current debates about corrections, such aswhether too many people are behind bars and whethermandatory-minimum sentences are fair; alternatives to pris-ons, including probation, community service, and commu-nity corrections; current conditions of prisons; and the lawand debate over the death penalty.


1. Identify retribution, incapacitation, deterrence, restitu-tion, and rehabilitation as the underlying rationale forcriminal corrections.

2. Identify factors used for determining a sentence andapply them to a hypothetical case.

3. Demonstrate a historical awareness of corrections bycomparing methods of corrections from previous eraswith those of today.

4. Explain three-strikes legislation and give a reasoned opin-ion on its value.

5. Express a reasoned opinion on whether federal drug lawsdiscriminate against African Americans.

6. Identify factors for granting probation and apply them tohypothetical cases.

7. Describe alternatives to prison and state and supportopinions about their value.

8. Identify factors used in granting parole and apply themto hypothetical situations.

9. Describe community corrections efforts and identifychallenges facing them.

10. Describe current conditions in prisons and state and sup-port opinions about current sentencing standards.

11. Identify aggravating and mitigating factors in applying adeath penalty statute and apply them to a hypotheticalsituation.

12. State and support a reasoned opinion about the deathpenalty.

Introduction4.1/11W

Chapter 12: Corrections and Society

Lesson Sequence 1

The Purpose of Punishment: Reading and discussion of fiverationales for punishment. (p. 168)

Class Activity: The Student CourtStudents role play mem-bers of a student court deciding appropriate punishments forhypothetical cases. (p. 169)

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Lesson Sequence 2

A Brief History of Punishment in the United States:Reading and discussion about the development of the U.S.corrections system. (p. 170)

Class Activity: Pros and Cons of PunishmentIn smallgroups, students discuss the strengths and weaknesses of dif-ferent kinds of punishment. (p. 172)

Lesson Sequence 3

Sentencing: Reading and discussion about fixed and indeter-minate sentencing, mandatory sentencing, sentencing guide-lines, and other factors judges consider at sentencing.(p. 172)

Class Activity: The Sentencing of Thomas CarterIn smallgroups, students act as judges and sentence Thomas Carter.(p. 175)

Ask an Expert: Students invite a judge or criminal attor-ney to take part in and debrief this activity. (p. 177)

Chapter 13: Current Debates

Lesson Sequence 1

Are There Too Many People Behind Bars?: Reading and dis-cussion about the policies, such as three-strikes, truth-in-sen-tencing, and mandatory sentencing laws, that have resultedin massive incarceration in the United States. (p. 179)

Class Activity: Three StrikesStudents role play legislativeadvisers making recommendations on proposed three-strikeslegislation. (p. 182)

Activity: Prison SentencesStudents write brief essays onwhether America needs to incarcerate more people.(p. 182)

Lesson Sequence 2

Do Some Mandatory-Minimum Sentences Violate theEighth Amendment? Reading and discussion on whetherrepeat-offender laws mandating long sentences violate theEighth Amendment when the offender has committed a rel-atively minor crime. (p. 183)

Class Activity: Cruel and Unusual?Students role playattorneys and justices deciding the constitutionality of a sen-tence under a three-strikes law. (p. 184)

Lesson Sequence 3

Are Federal Drug-Sentencing Laws Unfair to Blacks?:Reading and discussion on federal laws that impose far harsh-er penalties on crack than on powder cocaine, the pros andcons of these laws, and court challenges to them. (p. 184)

Class Activity: The RatioStudents role play a congression-al committee deciding whether to change the difference inpenalties between crack and powder cocaine. (p. 187)

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Chapter 14: Alternatives to Prison

Lesson Sequence 1

The Need for Alternatives: Brief explanatory reading aboutthe need for alternatives to prison. (p. 188)

Fines: Reading and discussion about fines. (p. 188)

Class Activity: One Fine DayStudents role play advisers toa governor who is considering introducing day-fine legislation.(p. 189)

Lesson Sequence 2

Probation: Reading and discussion about probation. (p. 189)

Class Activity: Who Gets Probation?In small groups, stu-dents decide whether particular hypothetical offenders shouldbe placed on probation. (p. 191)

Ask an Expert: Students interview a probation officer.(p. 191) El mi

Lesson Sequence 3

Revoking Probation: Reading about what happens when pro-bationers violate the conditions of their probation.(p. 192)

Class Activity: Probation Revocation HearingStudentsrole play a probation revocation hearing. (p. 193)

Lesson Sequence 4

Community Service: Reading and discussion about commu-nity service as an alternative punishment. (p. 196)

Community Corrections: Reading and discussion aboutcommunity corrections as an alternative to prison. (p. 197)

Class Activity: Halfway HouseStudents role play a city-council hearing determining whether to grant a zoning vari-ance allowing a halfway house to be placed in a residentialneighborhood. (p. 200)

Ask an Expert: Class invites an ex-convict to speak.( p. 200)

Chapter 15: Prisons Today

Lesson Sequence 1

Prison in America: Reading and discussion about prison con-ditions, security levels, population, legal responses to poorconditions, and private prisons. (p. 201)

Class Activity: Should Prison Be Even Tougher?Studentsrole play advisers to the governor making recommendationson a proposal to toughen prison conditions. (p. 205)

Lesson Sequence 2

Prison Revolts: Reading and discussion about riots at Atticaand New Mexico State Prison and the development of gangsin prison. (p. 207)

Class Activity: Prison in the ClassroomStudents mark offan area in the classroom to simulate prison conditions.(p. 207)

Lesson Sequence 3

Parole: Reading and discussion about the parole system,including case studies of Sirhan Sirhan and LawrenceSingleton. (p. 208)

Class Activity: Parole BoardStudents role a parole boarddeciding whether to grant parole in four separate cases. (p. 210)

Lesson Sequence 4

Staying Out of Prison: Reading about the experiences of anex-offender. (p. 211)

Class Activity: Staying OutStudents write a creative journalof their experiences in the first few weeks on parole. (p. 211)

Chapter 16: Capital Punishment

Lesson Sequence 1

History of the Death Penalty in America: Reading and dis-cussion that gives an overview, the general history, and recentlegal history of capital punishment. (p. 212)

Class Activity: Life or DeathStudents role play jurors andapply a capital punishment statute to hypothetical cases.(p. 216)

Lesson Sequence 2

Public Opinion on the Death Penalty: Reading and discus-sion comparing two opinion polls on the death penalty,which get different results by asking different questions.(p. 218)

Activity: Death Penalty PollStudents conduct a poll onthe death penalty. (p. 218)

Lesson Sequence 3

Recent Developments in Capital Punishment: Reading anddiscussion of the Karla Faye Tucker case and the implicationsof the release of many prisoners due to DNA tests showingthem to be innocent. (p. 218)

Class Activity: Taking a Stand on Capital PunishmentStudents line up based on their attitudes about the deathpenalty, form groups, and debate specific arguments, pro andcon. (p. 221)

Unit 5: Juvenile Justice

Overview: A four-chapter unit highlighting the history ofjuvenile justice, the laws pertaining to delinquency, theprocesses of adjudication, constitutional rights of juveniles,and correctional options for juvenile offenders.


1. Demonstrate a historical awareness of developments injuvenile justice by comparing the treatment of juveniles inthe past with methods used today.

2. Distinguish between procedures that apply to juvenilesand those that apply to adult criminal defendants.

25 O c.)._

3. Identify status, non-status, and non-delinquent behaviorsand distinguish among them given hypothetical situa-tions.

4. Identify screening criteria used at juvenile intake andapply them to given situations.

5. Identify constitutional due process rights guaranteed tojuveniles.

6. Identify criteria used to determine fitness to be adjudi-cated as a juvenile and apply that criteria to hypotheticalsituations.

7. Explain different options in the juvenile corrections sys-tem and decide which options should be used in hypo-thetical cases.

8. State and support a reasoned opinion about the constitu-tionality of the death penalty for juveniles.

Introduction/1 /1'! 5.1

Chapter 17: From Criminal to Delinquent

Lesson Sequence 1

History: Children and the Law: Reading and discussionabout how the law historically treated children in Englandand America, including early reform movements to treat chil-dren differently from adults. (p. 224)

From the Criminal to Delinquent: A Time for Reform:Reading and discussion about how the concept of delin-quency arose. (p. 227)

Class Activity: Same or Different?In small groups, stu-dents evaluate situations to determine whether the adult andjuvenile in each case should be treated the same or different-ly. (p. 229)

Different Worlds: Chart and discussion about the differ-ences between the juvenile and adult justice systems. (p. 230)

Chapter 18: The Problem of Delinquency

Lesson Sequence 1

What Is Delinquency?: Reading and discussion about delin-quency and status offenses. (p. 231)

Class Activity: Are You Now or Have You Ever Been?Students evaluate a list of behaviors to determine which arecrimes, which of the others are harmful to young people, andwhich should not be classified as delinquent. (p. 232)

Lesson Sequence 2

A Tour of the System: Explanatory reading and discussionfeaturing a flow chart on juveniles processed through the sys-tem. (p. 232)

Class Activity: Who Should be in the System?In pairs,students determine which, if any, government agency shouldbe responsible for juveniles in hypothetical situations.(p. 234) An4 5.2

26

Lesson Sequence 3

Initial Detention of Juveniles: Reading describing prehear-ing detention problems and a proposed solution. (p. 234)

Class Activity: Detain or ReleaseStudents role play intakeofficers at a juvenile facility and, using screening criteria andtheir judgment, determine whether to keep particular juve-niles in custody or release them. (p. 236) AA/ 5.3

Chapter 19: Children and the Constitution

Lesson Sequence 1

The Rights of Juveniles: Reading and discussion about theSupreme Court's Gault decision, which guaranteed certainrights to juveniles in juvenile court. (p. 239)

Class Activity: The Court DecidesStudents decide fourcases involving issues left unanswered by Gault. (p. 241)


1. In the Matter of Samuel Winship (1970). A five-membermajority ruled in Winship's favor. A sixth justice con-curred with the judgment, since requiring reasonabledoubt standards would not jeopardize the aims of juve-nile justice, but felt there was not necessarily any rela-tionship between the due process requirement of criminaland juvenile proceedings. The remaining three justicesdissented because the Constitution doesn't specify thereasonable doubt standard; juvenile justice systems needflexibility; and barring a direct violation of due process,the issue should be left to individual state legislatures.

2. In Re Barbara Burrus (1971). By a vote of 5-4, the courtdeclared that as long as juvenile proceedings were funda-mentally fair, neither trials by jury nor public trials injuvenile proceedings were necessary. One dissenting jus-tice felt that though jury trials weren't mandated, publicproceedings were needed in order to protect the juvenilefrom misuse of judicial power. The remaining three jus-tices thought the Constitution protected juveniles' rightto trial by jury when charged with offenses which wouldbe triable by jury if the offender was an adult.

3. McKeiver v. Pennsylvania (1971). A six-member majori-ty agreed that the due process clause of the 14th

Amendment did not require juvenile jury trials. (The jus-tice who had dissented in Burrus because North Carolinadidn't allow a public hearing reversed himself in this case,since Pennsylvania's laws did let detained juveniles requestpublic hearings.) The other justices who dissented inBurrus again dissented using the same reasoning as before.

4. Breed v. Jones (1975). A unanimous Supreme Court ruledthat the double jeopardy clause of the Fifth Amendmentprohibited prosecution in adult court after an adjudica-tory hearing in juvenile court. The decision to prosecutejuveniles as adults must be made before they are tried injuvenile court.

Lesson Sequence 2

School Searches: Reading and discussion about the SupremeCourt decision in New Jersey v. T.L.O. (p. 246)

29

Chapter 20: Juvenile Corrections

Lesson Sequence 1

Options for Placing Juvenile Offenders: Reading and dis-cussion about juvenile corrections and placement options,including a comparison of the different systems in Californiaand Massachusetts. (p. 247)

Problems with Locking Up Juveniles: Reading and discus-sion about efforts to remove juveniles from contact withadult prisoners. (p. 250)

At Home Plus: Reading and discussion about three pro-grams for juvenile offenders living at home. (p. 251)

Class Activity: Individual Treatment PlanStudents decideon treatment plans for six hypothetical cases. (p. 252)

Lesson Sequence 2

The Question of Waiver: Reading and discussion about theprocess of referring juvenile offenders to adult court. (p. 252)

Class Activity: A Waiver HearingStudents individuallyapply waiver guidelines to six case studies, write reasons fortheir decisions, and then discuss cases in groups of three andvote. (p. 255)

Lesson Sequence 3

Wayne Thompson and the Death Penalty: Reading and dis-cussion about the case of Wayne Thompson, who appealedhis death sentence to the Supreme Court because he was 15at the time of his crime. (p. 255)

Thompson v. Oklahoma (1988): Reading and discussionabout the decision and subsequent Supreme Court decisionson the constitutionality of executing juveniles. (p. 256)

Class Activity Should Juveniles Convicted of Murder BeExecuted?Students line up according to their feelings onthis issue and discuss their reasoning. (p. 257)

Lesson Sequence 4

International Challenges to the Death Penalty Readingand discussion of international treaties condemning the useof the death penalty for juveniles. (p. 258)

Class Activity: Senate HearingStudents role play a Senatehearing on the ratification of a treaty banning capital pun-ishment for juveniles. (p. 259)

Lesson Sequence

Current Trends and Controversies: Reading and discussionabout issues surrounding the increasing incarceration of juve-niles, over-representation of minorities in the system, andhow to deal with status offenders. (p. 260)

Class Activity: What Should Be Done?Students writeessays on whether the juvenile justice system should try torehabilitate or punish serious offenders. (p. 262)

Unit 6: Solutions

Overview: A three-chapter unit focusing on the ongoingdebate over the causes of crime; the role of state and federalgovernment in addressing America's crime problems withpublic policy initiatives; and the role of the citizen in help-ing solve problems associated with crime and criminal justiceat the local level.


1. Identify and evaluate social and individual factors pro-posed as causing crime.

2. Describe the role of the federal, state, and local govern-ment in addressing crime problems.

3. Express a reasoned opinion on whether civil asset forfei-ture should be eliminated.

4. Express a reasoned opinion on whether strict nationalgun control laws should be enacted.

5. Evaluate public policy proposals to assure fairness in thecriminal justice system using given criteria.

6. Demonstrate a historical awareness of constructive anddestructive attempts to attack crime problems.

7. Identify opportunities for citizens to become involved inreducing crime.

8. Evaluate public policy proposals for the allocation ofresources in addressing crime problems using given crite-ria.

9. Generate and evaluate recommendations for reducing acommunity's crime problem.

Introduction6.1

/1114

Chapter 21: The Causes of CrimeLesson Sequence 1

Theories and Approaches: Brief introductory reading onthe causes of crime. (p. 264)

Social and Cultural Factors: Reading and discussion aboutsome social and cultural factors causing crime, such as pover-ty, unemployment, racial discrimination, child abuse andneglect, values that make crime more acceptable, and violencein the media. (p. 264)

Lesson Sequence 2

Individual and Situational Factors: Reading and discussionabout individual and situational factors causing crime, suchas biology, drugs and alcohol, guns, and rational choice.(p. 276)

Class Activity The Causes of CrimeStudents meet ingroups of four, select one of the causes of crime, brainstormsolutions, choose their best solution, and present it to theclass. (p. 270)

2730BEST COPY NAHA LE

Chapter 22: Crime and the Government

Lesson Sequence 1

The Role of Government: Brief overview of the chapter.(p. 271)

Crime and the Federal Government: Reading and discus-sion about the roles of the executive, legislative, and judicialbranches of federal government in crime control. (p. 271)

Lesson Sequence 2

Federal Policy: Civil Forfeiture: Reading and discussion onthe nature and impact of federal forfeiture statutes. (p. 273)

Class Activity: A Model Forfeiture StatuteStudents roleplay a congressional committee making recommendationsfor a new civil forfeiture statute. (p. 276)

Lesson Sequence 3

Federal Policy: Gun Control: Reading and discussion onfederal gun-control policies and proposals, their pros andcons, and the Second Amendment. (p. 277)

Class Activity: Gun-Control PoliciesStudents debate themerits of different gun-control policies.(p. 279)

Lesson Sequence 4

An Attack on Crime: The State Level: Reading and discus-sion about the different branches of state government andtheir role in fighting crime. (p. 280)

Class Activity: A State Senate Committee Students roleplay a state senate committee debating a proposed crime bill.(p. 280)

The New Role of State Supreme Courts: Reading and dis-cussion about criminal defendants basing their appeals onstate constitutions instead of the U.S. Constitution. (p. 285)

Lesson Sequence 5

The Color of Justice: Reading and discussion about whetherthe criminal justice system discriminates against minorities.(p. 285)

Class Activity: Toward a Colorblind Justice SystemStudents evaluate proposals to prevent discrimination in pleabargaining, jury verdicts, sentencing, and the death penalty.(p. 289)

Chapter 23: Crime and the Citizen

Lesson Sequence 1

Getting Involved in Fighting Crime: Brief introduction onwhat citizens can do about crime at the local level. (p. 291)

Vigilantes in American History: Reading and discussionabout vigilantism in American history. (p. 291)

Lesson Sequence 2

Crime in Schools: Reading and discussion about the prob-lem of violence in U.S. schools. (p. 295)

28

Class Activity: Trouble at Coolidge HighStudents takepart in a simulation of a school dealing with its crime prob-lem. (p. 297)

Activity: What Are Communities Doing About Crimein Schools?Students research about school crime statis-tics and programs to reduce crime in schools.(p. 298))

Lesson Sequence 3

Burglary Prevention: Reading and discussion on preventingburglary with neighborhood watch programs. (p. 299)

Ask an Expert: Class invites an officer from a burglary-prevention unit to discuss the burglary problem in thecommunity and practical steps for burglary prevention.(p. 299)

Activity: A Home Security CheckStudents apply achecklist to determine how secure their own homes areagainst the threat of burglary. (p. 301)

Activity: Organizing a Neighborhood MeetingStudents organize a burglary-awareness meeting for theirown neighborhoods. (p. 301)

Lesson Sequence 4

Class Activity: A Citizen Task Force Students role playinterest groups and a mayoral committee making a decisionabout how to spend federal money on crime programs.(p. 303) Am 6.1 and 6.2

Lesson Sequence 5

Conclusion on Crime: Reading and discussion about differ-ent proposed solutions to reduce the problem of crime.(p. 308)

Class Activity: What Should Be Done?Students write rec-ommendations on what to do about the problem of crime.(p. 310)

Section 4. Activity MastersList of Activity Masters0.1 Newsbreak0.2 Research Activities0.3 Opinion Surveying0.4 Briefing a Case0.5 Analyzing an Editorial

Cartoon1.1 Legal-Ease

1.2 Crime Victims Board1.3 Crime Victim Survey2.1 Legal-Ease

2.2 Sampling Class Opinion3.1 Legal-Ease

3.2 The Prosecutor Decides

3.4.

3.3

3.4

3.5

4.1

5.1

5.2

5.3

6.1

6.2

6.3

In the Halls of JusticeChoosing a JuryThe Defense Rests. ..Legal-Ease

Legal-Ease

Who Should Be in theSystem?

Detain or ReleaseLegal-Ease

Fighting Crime in theCity of Athena, part oneFighting Crime in theCity of Athena, part two

Criminal Justice in AmericaActivity Master #0.1 (page 1)

Name

Date

NewsbreakCriminal justice constantly makes the news. Newspapers print many items about crime, policing, trials,court decisions, sentencing, or juvenile delinquency. To keep current with Criminal Justice in America, youneed to read the newspaper, news magazines, or Internet news sources.

In this activity, you will clip out articles, editorials, and editorial cartoons about criminal justice. Below isa list of the book's units. Under each unit is a list of suggested articles to find.

Unit 1: Crime. Find articles on:Proposals and programs to help crime victims.Gangs, crime in schools, and youth violence in general.Different kinds of crimeproperty crime, violent crime, and other types.Various defenses to crime, particularly insanity, self-defense, and entrapment.

Unit 2: The Police. Find articles on:What police do and the problems they face.Community policing.Advanced technology in investigating crime (e.g., DNA profiles)Rules that police must follow in conducting searches, seizing evidence, making arrests, and questioningsuspects.

Cases of police brutality, corruption, or other misconduct and how to police this misconduct.

Unit 3: The Criminal Case. Find articles on:All stages of a criminal case: arrest, first appearance before a judge, bail, preliminary hearing or indict-ment, arraignment, pretrial motions, trial, sentencing, post-trial motions, and sentencing.Prosecutorial discretion in determining charges in particular cases.Plea bargaining.

Various pretrial motions ( e.g., to suppress evidence, change venue, and issue gag orders).Procedural steps in a criminal trial, including jury selection, opening statements, presentation of evi-dence, closing arguments, jury instructions, and jury deliberations.

Unit 4: Corrections. Find articles on:The purpose of punishing criminals.Three-strike, truth-in-sentencing, and mandatory-sentencing laws.The number of persons in prison.Fixed and indeterminate sentencing and sentencing guidelines.Alternatives to prison such as probation, house arrest, community service, halfway houses, and others.Prison conditions, private prisons, and prison revolts.Parole.

Death penalty.

2932


Name

Date

Unit 5: Juvenile Justice. Find articles on:Differences between the juvenile and adult justice systems.Legal rights of juveniles.

Where juvenile offenders should be placed.Referring juvenile offenders to adult court.Juveniles and the death penalty.

Unit 6: Solutions. Find articles on:Racism in the justice system.The causes of crime.Proposals for government action against crime.Action citizens are taking or can take against crime.

Follow-up:Unlike other activities, this activity can continue while you study the entireuntil you complete the text.

Be creative. You can create a scrapbook using the unit headings as organizers.to create an ongoing class bulletin board or collage.

33

30

book. It will not be finished

Or, work with other students

Criminal Justice in AmericaActivity Master #0.2

Name

Date

Research ActivitiesFor extra credit, you may present a report on one of the subjects listed below. These subjects all supplementmaterial in the book. Use the Internet and encyclopedias, biographies, history books, and periodicals inthe library to help you research your report.

Unit 1: Criminals and VictimsCrime victims: Judge Crater, Elizabeth Short, Kitty Genovese, Patty Hearst, the Lindbergh baby, Robert F.Kennedy, George Wallace, Jimmy Hoffa.

Criminals: Jesse and Frank James, William H. Bonney, Butch Cassidy, William Quantrill, JoaquinMurietta, John Wilkes Booth, Bonnie Parker and Clyde Barrow, Al Capone, "Ma" Barker, Bruno RichardHauptmann, John Dillinger, Willie Sutton, Charles Manson, Clarence Chance and Benny Powell, JohnGotti, "Bugsy" Siegel, Clifford Irving, Jim Bakker, G. Gordon Liddy, Ivan Boesky.

Unit 2: Law Enforcers and Law-Enforcement AgenciesLaw enforcers: Robert Peel, Wyatt Earp, James Butler "Wild Bill" Hickok, William Barclay "Bat"Masterson, Elfego Baca, Patrick Floyd "Pat" Garrett, J. Allan Pinkerton, William J. Burns, J. Edgar Hoover,Eliot Ness, William Parker, "Popeye" Doyle, Frank Serpico, William Bratton, Bernard Parks, Joe Arpaio,August Vollmer.

Law-enforcement agencies: Federal Bureau of Investigation; Secret Service; Drug EnforcementAdministration; Bureau of Alcohol, Tobacco, and Firearms; Internal Revenue Service; Immigration andNaturalization Service; Texas Rangers; New York Police Department; Los Angeles Police Department; yourlocal police department.

Unit 3: Trials, Lawyers, and JudgesTrials: Salem witch trials (1692), John Peter Zenger (1735), Aaron Burr (1807), Lambdin P. Milligan (1864),Lizzie Borden (1892), Bill Haywood (1907), Sheriff Joseph F. Shipp (1907), James and John McNamara (1910),Sacco and Vanzetti (1921), Leopold and Loeb (1924), Scottsboro Boys (1931), Massie trials (1931 and 1932),"Lucky" Luciano (1936), Alger Hiss (1950), Julius and Ethel Rosenberg (1951), Samuel Sheppard trials (1954and 1966), Chicago Seven (1969), Claus von Bulow (1982 and 1985), Joe Hunt (Billionaire Boys Club, 1987),McMartin Preschool case (1990), Rodney King beating trials (1992 and 1993), O.J. Simpson (1994-1995),Menendez brothers (1994 and 1996).

Lawyers: Clarence Darrow, Thomas Dewey, Edward Bennett Williams, Jerry Geisler, William Kunsler, F.Lee Bailey, Alan Dershowitz, Johnnie Cochran.

Judges and Justices: Roy Bean, John Sirica, Benjamin Cardozo, Learned Hand, Earl Warren, WilliamBrennan, William Rehnquist, Antonin Scalia.

Unit 4: Prisons, Prisoners, and PunishmentPrisons: Alcatraz, San Quentin, Leavenworth, Sing Sing, Joliet, Pelican Bay.

Prisoners: Birdman of Alcatraz, Caryl Chessman, Robert E. Burns, Willie Horton, Jean Harris, GaryGilmore, Robert Alton Harris, Randall Adams, Jack Abbott, Geronimo Pratt, Winnie Ruth Judd.

Punishments: Penal colony, ducking stool, pillory and stocks, whipping, public shaming, firing squad,hanging, electrocution, lethal injection, gas chamber.

31

Criminal Justice in America11 Activity Master #0.3 (page 1)

Name

Date

Opinion SurveyingTips on Selecting the Sample:To get an accurate opinion poll, you need to consider what population the survey represents. Is it theschool? The community? Then you need to select a sample that represents that population. Most profes-sional pollsters try to get a random sample of the population they are surveying. In a random sample,everyone in the population has an equal chance of being included in the survey. Consider these ideas forgetting a random sample:

If your survey is of .. . Try surveying ...Students at your school Every 4th student in the lunch line

School Staff Every 3rd person on the staff list

Community members Every 100th person in the telephone book

If you are surveying the community, consider including demographic information at the top of each ques-tionnaire (which you can fill out). The following is an example:

Gender:

Male

Female

Identify respondent:

School Personnel

Student

_Community member

Other

Age Range:

15-20

21-35

36-50

over 50

Tips for Conducting the Survey:Practice an introduction. When approaching a stranger, you should . . .

introduce yourself.tell what school or group you are from.explain why you are giving a survey.

ask whether the person would mind spending a few minutes to help you complete your project.

Don't persuade anyone to take the survey. If the person is reluctant, don't persistthe responses of areluctant individual are normally not usable.

Inform people that their responses will be reported anonymously.

Be as organized as possible. Use a clipboard to hold the surveys and bring extra pens or pencils. If theinterviewee fills out the survey, be sure to check that all the information is complete. If the demographicinformation needs to be completed, complete it yourself right then by asking the appropriate questions.

Be polite. Ask for clarification if the response is not clear, for example: "Would you please repeat that?" or"Please explain." If the respondent marks the survey, wait for it. If you read it to the respondent and fill itin, write exactly what the person says. Chances are, if you leave the survey to be filled in later, you will neversee the form again. Thank the respondents when they finish. If they ask you who else you are asking as partof the survey, or "How did you pick me?" explain the categories briefly and the random selection process.

32 35

.""s- Criminal Justice in AmericaActivity Master #0.3 (page 2)

Name

Date

Work as a team. Accompany each other in conducting a survey for support, encouragement, and safety.

Tips on Tabulating the Results of Your Survey:Write down how your sample was chosen. People will want to know this.Count the number of completed surveys.Tabulate the survey results on one of your blank survey forms.Write down your most significant findings.

Optional: Report any unusual comparisons of demographic characteristics (age, gender, etc.).Plan how you will present your data. You can present it as:

raw numbers: "Of the 450 people polled, 368 had been victims of property crimes."percentages: "More than 81 percent had been victims of property crimes."pie charts or bar graphs

33

Activity Master #0.4

Name

Date

Briefing a Case

Title of Case

Name of Court Date Decided Vote

Facts: (Briefly summarize the most important facts of the case.)

Most Important Issue: (Some cases have several issues. Choose what you believe to be the most importantissue decided by the case. The issue should be stated in the form of a question that can be answered witha yes or no.)

Holding: (Tell how the court ruled on the issue.)

Reasoning: (Explain the reasons for the court's decision.)

Dissent (Explain how the dissenters would have decided the case and give their reasoning.)

Do you agree with the opinion of the court? (Explain your answer and give your reasons.)

34 37


Name

Date

Analyzing an Editorial Cartoon

Name of cartoonist: Source of cartoon:

1. List any famous people, places, or things represented in the cartoon.

2. List any symbols in the cartoon and tell what they represent.

3. What issue does the cartoon deal with?

4. What is the cartoonist's opinion on this issue?

5. Does the cartoonist use hyperbole, metaphors, satire, or irony in the cartoon. If so, explain their use.

6. Do you agree with the cartoonist's opinion? Explain.

3533


Name

Date

Legal-Ease for Unit 1The law has a special language of its own. Below are definitions of some legal terms you will find in thisunit. Study them and watch for them in your reading. If you come across other terms you need help with,look them up in the glossary at the back of the book.

acquit. In a criminal case, to find a defendant notguilty.

affirmative defense. A defense such as insanity,self-defense, and entrapment. If proved bythe defendant, it makes the defendant notguilty of the crime even if the prosecutioncan prove the elements of the crime.

arson. The crime of willfully or maliciously burn-ing another person's property.

assault. Technically, the immediate threat ofattacking someone, but usually it means aphysical attack on another person.

assault with a deadly weapon. Attacking someonewith a weapon that could cause fatalinjuries.

battery. The illegal touching of another person,usually an attack. When used in the phrase"assault and battery," the assault is thethreat of the attack and the battery thephysical attack itself.

bunco. A con game; a swindle

burglary. The crime of unlawfully entering abuilding with the intent to commit a crime,such as theft.

civil case. A lawsuit between individuals or organ-izations, which normally seeks monetarycompensation for damages.

common law. 1. the unwritten law in Englandthat evolved over centuries and is the basisfor U.S. law. 2. Case law in the United Statesas opposed to statutory law.

crime. An illegal act punishable upon convictionin a court.

criminal lawyer. A prosecutor or defense attorney.

36

felony. Serious crime usually punished by one ormore years of imprisonment in a state orfederal penitentiary.

felony murder. Any killing done while a criminalis committing a felony.

fraud. The crime of obtaining another's propertythrough lies and deceit.

larceny. The unlawful taking of another's proper-ty with the intention of permanentlydepriving the owner of its possession anduse; theft.

lynching. A form of mob violence that punishesan accused person without a legal trial.The word comes from the AmericanRevolution and a Colonel Charles Lynchof Virginia, who urged crowds to beat andfrighten Tories (supporters of Britain).

mens rea. Guilty mind; the state of mind require-ment for a crime.

misdemeanor. Crime less serious than a felony,usually punished by a fine or imprison-ment up to one year in a local jail.

Model Penal Code. A criminal code composed bylegal experts at the American Law Instituteas a standard that legislatures may want toadopt. Unless sections of it are adopted byjurisdictions, it has no legal authority.

perjury. The crime of lying while testifying underoath.

restitution. Direct payments made from criminalto victim as compensation for a crime.

robbery. The taking of a person's property by vio-lence or threat of violence; forcible steal-ing.

39


Name

Date

Crime Victims Board

Case Number: Case Number:

Approve Approve

Deny Deny

Reasons: Reasons:

Amount: Amount:

Medical: Medical:

VocationalRehabilitation:


Funeral or Burial: Funeral or Burial:

Earnings: Earnings:

Support: Support:

Cash or essentialpersonal property:


Case Number: Case Number:

Approve Approve

Deny Deny

Reasons: Reasons:

Amount: Amount:

Medical: Medical:



Funeral or Burial: Funeral or Burial:

Earnings: Earnings:

Support: Support:



374 0,


Name

Date

Crime Victim Survey

Questions Explanations

1. Have you ever been a victim of acrime such as bike theft, burglary,assault, etc.?

YES NO

2. Have any members of your familybeen victims of crime?YES NO

3. Have any nearby neighbors ever beenvictims of crime?YES NO

4. Do you feel unsafe alone at night inyour own neighborhood?YES NO

5. Do you believe a crime problemexists at the local schools?YES NO

6. Has crime forced the people in yourfamily to change any part of theirlives?

YES NO

7. Do you think the police in yourcommunity are doing an adequatejob of protecting you and othercitizens from crime?YES NO

8. Compared to one year ago, do youthink the crime problem in yourcommunity has gotten worse?YES NO

38 41


Name

Date

Legal-Ease for Unit 2The law has a special language of its own. Below are definitions of some legal terms you will find in thisunit . Study them and watch for them in your reading. If you come across other terms you need help with,look them up in the glossary at the back of the book.

appellate court. A court that hears appeals. Anappeals court, not a trial court.

arrest. Taking a person into custody for the pur-pose of charging the person with a crime.

citizen, or civilian, review board. An officialgroup, staffed by ordinary citizens, author-ized to review complaints of police mis-conduct.

civil court. A court that handles civil cases ratherthan criminal cases.

criminal procedure. The rules for processingsomeone through the criminal justice sys-tem.

deadly force. Force that poses a high risk of deathor serious injury to a human.

exclusionary rule. A judicial rule that preventsthe government from introducing illegal-ly obtained evidence at a criminal trial.

interrogation. Questioning.

magistrate. A court officer who issues warrants,normally a lower-court judge who handlespretrial proceedings or presides over mis-demeanor trials.

Miranda warning. A statement about the rightsof suspects which police must read to sus-pects in custody before questioning them.

motion. A formal request made to a court.

39

motion to suppress. A request to exclude evi-dence from the trial because it was illegal-ly obtained.

plea bargain. An agreement struck between acriminal defendant and prosecutor. Inexchange for a guilty plea from the defen-dant, the prosecutor will either (1) dropone of several charges, (2) lower the charge,or (3) recommend a light sentence.

probable cause. Evidence that an independent,cautious person would have good reason tobelieve.

prosecute. To try someone for a crime.

search. In Katz v. United States (1967), the SupremeCourt defined a search as any governmen-tal intrusion into something in which aperson has a reasonable expectation of pri-vacy.

seizure. Any taking into possession, custody, orcontrol. Property may be seized, but somay people. An arrest is one form ofseizure.

warrant. A court order issued by a judge author-izing a search, an arrest, or a seizure of evi-dence of a crime.

42


Name

Date

Sampling Class Opinion

QuestionnaireNext to each letter below, write the number that indicates the degree of your agreement or disagreementwith the statement next to it.

5-strongly agree

4-agree

3-uncertain

2-disagree

1-strongly disagree

In my community, police . . .

a. treat most teenagers fairly.

b. are doing a good job.

c. would refuse if bribes were offered to them.

d. avoid using too much physical force against people.

e. generally treat wealthy people the same as poor people.

f. generally treat all racial groups in the same way.

4340

s"'' Criminal Justice in AmericaActivity Master #3.1

Name

Date


arraignment. A court hearing in which the defen-dant must enter a plea.

arrestee. The person arrested.

bail. A pretrial procedure permitting an arrestedperson to stay out of jail by depositing aset amount of money as security that theperson will show up for trial.

bench. The judge's desk in the courtroom.

booking. The process of recording the arrest. Abooking officer records the accused's nameand address, the charges, and time andplace of arrest, and may take fingerprintsand photographs of the accused.

burden of proof. The responsibility of provingfacts in a case. In a criminal trial, the pros-ecution has the burden of proving its casebeyond a reasonable doubt.

case in chief. One side's trial evidence. In a crim-inal trial, the prosecution presents its evi-dence first. After it rests its case, thedefense presents its case.

cross-examination. The questioning of an oppo-nent's witnesses.

defendant. The accused in a criminal trial.

defense attorney. The attorney for the accused.

direct examination. An attorney's initial ques-tioning of his or her own witness.

evidence. The means of determining facts in atrial.

41

fact finder. The one responsible for deciding thefacts of a particular case and coming to averdict; either a judge or jury.

hearing. Any court proceeding, such as a trial.

homicide. Literally, human killing. The crimes ofhomicide range from different degrees ofmurder to different kinds of manslaughter.

jurisdiction. The geographical area or subjectmatter over which particular courts havepower.

prosecutor. The government's attorney whopresents the case against a criminaldefendant.

prosecutorial discretion. The prosecutor'sauthority to decide what charges to bringand how to pursue a criminal case.

redirect examination. An attorney's requestion-ing of his or her own witness after cross-examination.

relevant. Pertinent, appropriate, related to thesubject at hand.

testify. To make statements as a witness underoath.

testimony. Statements made by witnesses underoath.

victimless crimes. Crimes, such as prostitutionand possession of illegal drugs, in whicheveryone is involved by choice.

voir dire. During jury selection, the questioningof prospective jurors.

41

s1 .' Criminal Justice in AmericaActivity Master #3.2

Name

Date

The Prosecutor Decides

CHARGES:First-Degree Murder

Is there evidence that Thomas Carter formed anintent to kill Oscar Hanks? Explain.

Is there evidence of premeditation? Explain.

Is there evidence which would show that thisintent was transferred to the killing of JoyceAnn Miller (using the doctrine of transferredintent)? Explain.

or

Is there evidence to show that Thomas Carterformed an intent to kill and premeditated thekilling of Joyce Ann Miller? Explain.

Second-Degree MurderIs there evidence that Thomas Carter formed anintent to kill Joyce Ann Miller? Explain.

or

Is there evidence that Thomas Carter had theintent to do an act where there was an obviousrisk that death or great bodily harm wouldresult? Explain.

42

Voluntary ManslaughterIs there evidence that Thomas Carter formed anintent to kill Oscar Hanks? Explain.

Is there evidence that Oscar Hanks seriouslyprovoked the actions of Thomas Carter?Explain.

Is there evidence that Thomas Carter did nothave sufficient time to calm down after beingprovoked? Explain.

Involuntary ManslaughterIs there evidence that Thomas Carter commit-ted an act in a criminally negligent manner?Explain.

Decision: Considering all relevant factors, whatcrime would you charge Thomas Carter with? (Beprepared to present and discuss your final recom-mendation with the class.)

45


Name

Date

In the Halls of JusticeField Experience Report

Name of Courthouse:

Address:

Telephone: Reporting Time:

Contact Person (if any):

1. Describe the general environment of the courthouse. Are the court facilities crowded and noisy, or calmand businesslike?

2. Describe the security arrangements in the court building and in the courtrooms.

3. In the arraignment court, describe what is going on.

4. In a preliminary hearing, describe what is going on.

4'643

'"s, Criminal Justice in America1 Activity Master #3.3 (page 2)

Name

Date

In the Halls of JusticeField Experience Report

5. At a criminal jury trial:

What is the case about?

Is it a felony of misdemeanor prosecution?

What is the prosecutor-a deputy district attorney, deputy city attorney, a federal prosecutor?

What do you observe the prosecutor doing during the trial?

Who is the defense attorney-a deputy public defender, private attorney?

What do you observe the defense attorney doing during the trial?

What do you observe the judge doing during the trial?

Describe the questioning of one witness in the trial.

Do the jurors seem to be attentive? Describe them.

6. What is your overall impression of your courthouse visit? Were you confused by anything you saw orheard?

7. If the opportunity arises or can be arranged, interview an officer of the court (e.g., court clerk, judge,attorney). Report back you findings.

44


Name

Date

Choosing a JuryObserver Evaluation Form

1. Put a (+) in front of the most realistic role players. Put a 0 in front of the least realistic groups.

prospective jurors

lawyers

judge

2. The jurors who most realistically portrayed their roles were:

3. Based on the jury that was finally selected, who do you think will win this case? Why?

4. An effective question asked by the defense attorney was:

5. An effective question asked by the prosecuting attorney was:

6. A good question not asked of the prospective jurors is:

4S

45

Criminal Justice in AmericaActivity Master #3.5// Date

Name

The Defense Rests.. .

Closing Statement Evaluation FormEvaluate each closing statement you hear using this sheet. Put the name of the presenter in the appropri-ate box. Each number on the left below summarizes one of the "Guidelines for an Effective ClosingStatement" on page 162. After each presentation, place a check mark in the box if the presenter's statementmet the criterion.

Names of Presenters

Guidelines for an Effective Closing Statement

1. Was emotionally charged.

2. Emphasized facts supporting their side.

3. Noted weaknesses in other side.

4. Summarized favorable testimony.

5. Reconciled inconsistencies in their side.

6. Used few, if any, notes.

7. Was well-organized.

8. Addressed reasonable doubt.

9. Ended with an appeal to convict or acquit.

4946


Name

Date


capital punishment. The death penalty.

deterrence. The idea that fear of punishment willprevent crimes. For example, some peoplemight be deterred from robbing banksbecause they know that bank robbers go tojail.

determinate, or fixed, sentence. A prison sen-tence for a specific length of time.

indeterminate sentence. A prison sentence of anindefinite period of time, for example "oneyear to 30 years." Under this sentence, pris-oners are released when the parole boarddetermines they are rehabilitated.

pardon. An act by the governor or president thatforgives all or part of a prisoner's sentence.

parole. The conditional release of a prisonerbefore the end of a prison term.

parole board. A board appointed by the governorthat determines when prisoners may bereleased on parole.

penitentiary. A state or federal maximum-securityprison.

probation. An alternative to prison. This sentencerequires the offender to follow certain con-ditions, usually under the supervision of aprobation officer.

recidivism. The committing of further crimes byoffenders with previous convictions.

rehabilitation. Helping convicted offenderschange their behavior so that they can leadproductive lives in society.

sentence. A punishment for a crime.

5047

"."- Criminal Justice in AmericaActivity Master #5.1

Name

Date

Legal-Ease for Unit 5The law has a special language of its own. Below are definitions of some legal terms you will find in this

unit . Study them and watch for them in your reading. If you come across other terms you need help with,

look them up in the glossary at the back of the book.

adjudicatory hearing. A trial in juvenile court.

aftercare. A program for supervising a juvenilewho has returned home after a period ofconfinement. An equivalent to parole inthe adult system.

age of majority. The age a person is considered anadult for legal purposes.

delinquent act. In most states, this means an act,which if done by an adult, would be acrime. Some states, however, also includestatus offenses as delinquent acts.

dispositional hearing. The term for a sentencinghearing in juvenile court.

fitness hearing. A special hearing in juvenilecourt to determine whether a juvenileshould be tried in adult court.

habeas corpus, writ of. A court order requiringauthorities to release a prisoner because thecourt has found that the prisoner is beingillegally detained.

48

incorrigible. A term describing juveniles who can-not be controlled by their parents.

parens patriae. The idea that the state takes therole of parents to protect juveniles.

plaintiff. The party in a lawsuit who sues theother party.

status offense. An offense, such as truancy andrunning away from home, that would notbe a crime if committed by an adult.

training schools. Large secure facilities whichhold juveniles after they are found delin-quent.

victimless crimes. Crimes, such as prostitutionand possession of illegal drugs, in whicheveryone chooses to be involved.

51


Name

Date

Who Should Be in the System?

Who should deal with the juveniles involved in the following cases? Mark the appropriate boxes.

State or localservice agencies

Juvenile courts Adult criminalcourts

No governmentinstitution

Abuse or neglect

Criminal influence

Economic hardship

Unconventionalhomes

Ungovernability

Status offenses

Runaways

Abuse of intoxicatingsubstances

Misdemeanors

Victimless crimes

Shoplifting

Major theft or otherproperty crimes

Violent crimes

5 2'

49

1.J Activity Master #5.3

Name

Date

Detain or Release

San Francisco Juvenile Detention Screening Criteria

NAME OF MINOR PFN ADMIT DATE

MOST SERIOUS INSTANT OFFENSEADMIT TIME

ARREST TIME

INSTRUCTIONS: Score minor for each factor below and enter the appropriate score in spacesprovided in the right hand column.

FACTOR SCORE1. MOST SERIOUS INSTANT OFFENSE (Score one charge only)

Serious Violent OffensesWIC 707(b) offenses 10

Other listed violent offenses 7

Narcotics/Weapons OffensesPossession of firearms 10

Sale of narcotics/drugs 7

Possession of narcotics/drugs for sale 6

Felony possession of narcotics/drugs 5

Misdemeanor possession of narcotics/drugs 3

Property OffensesFelonies 5

Misdemeanors 3

All Other Crimes or Probation Violations 0

2. NUMBER OF PRIOR ARRESTS, LAST 12 MONTHSPrior felony arrest within the last 7 days 5

6 or more total arrests, last 12 months 3

4 to 5 total arrests, last 12 months 2

1 to 3 total arrests, last 12 months 1

No arrests within the last 12 months 0

3. PROBATION/PETITION STATUSActive cases (select only one score)

With petition now pending 6

With last adjudication within 90 days 4With last adjudication more than 90 days ago 2

Not an active case 0

4. SPECIAL DETENTION CASES (Check whichever applies)Escapee Failed placement Transfer InArrest Warr Bench Warr Court OrderOther (describe) 10

Not Applicable 0

DETAINED RELEASE DECISION SCALEScore 0-9 = RELEASE Score 10+ = DETAIN TOTAL SCORE

50

53


Name

Date


criminology. The study of crime.

discretionary jurisdiction. The power of someappeals courts, such as the U.S. SupremeCourt, to accept or refuse to hear particularappeals.

due process. Under The Fifth and 14th amend-ments, the basic requirement that no per-son can be deprived of life, liberty, or prop-erty without a fair trial. This means bothfair laws and fair procedures must be used.

51

forfeiture. The legal confiscation of assets, whichwere either used in or derived from illegalactivity.

incarceration rate. The number of prisoners per100,000 population.

vigilantes. Persons who take the law into their ownhands and punish suspected lawbreakers.

white-collar crime. A class of property crimes thatare usually job-related, such as embezzle-ment, bribery, and consumer fraud.

54


Name

Date

Fighting Crime in the City of Athena (part one)

Ranking the Proposals

Rank the six proposals in order of which would be the most effective at fighting crime in the city.

Most Effective

1.

2.

3.

4.

5.

6.

Rank the six proposals again, this time in order of which would be the most effective for the least amountof money.

Most Cost-Effective

1.

2.

3.

4.

5.

6.

55


Name

Date

Fighting Crime in the City of Athena (part two)

Program AwardsUse this sheet to keep track of the awards for the various programs. Remember the total awards must addup to $180,000.

Program Request Award

Police Aides $108,000

Force One Security Patrol $144,000

Self-Defense Classes $ 27,000

Crime Prevention Seminars, $ 67,500

Citizenswatch Patrols $ 33,000

Crimescope Hotline $ 75,000

TOTAL $472,500 $180,000

5356

Section 5. Test Masters and Answer Keys

The following, test masters and answer keys are designed toserve as a part of assessing student performance in obtainingthe content and skills objectives of Criminal Justice in America.

The Pre- and Post-Observations, an opinion master, is

designed to assess student opinion on a range of issues relat-ing to criminal justice. Teachers are encouraged to adminis-ter the survey before instruction begins and at its comple-tion. Students then can compare any shifts in opinion orattitudes. When the survey is given a second time, studentsalso can be asked to write short essays explaining theirresponses to the various items. These essays can be used as apart of the final evaluation.

In addition, there are six master tests (one for each unit ) anda final test. Test items include true and false, matching, mul-tiple choice, fill-in, short answer, and essay. Each type of itemhas a consistent point scale, but the total points on each testdo not add up to 100. Teachers are encouraged to convert rawscores into percentages on a test-by-test basis or on the basisof total points for all tests administered. To better assure test-ing integrity, teachers are also encouraged to reproduce andcollect tests each time they are administered.

54

In developing these tests, every effort was made to link theitems to the stated objectives and develop items that wouldtest a range of performance, including recall, identification,comprehension, comparison, analysis, and evaluation.Because the needs of individual classes vary, however, teach-ers are also encouraged to create their own items to supple-ment those that are provided.

Finally, it is important that these tests serve as only one com-ponent in assessing student performance. Teachers shouldalso consider class participation; responses to directed dis-cussions; products from activities; performance in writingactivities, reports, and field work; and extra credit accom-plishments in making a final evaluation of student achieve-ment.

57

Criminal Justice in AmericaOpinion Master

Name

Date

Pre- and Post-ObservationsNext to each statement below, write the number that indicates the degree of your agreement ordisagreement with the statement.

5strongly agree

4agree3uncertain2disagree1strongly disagree

1. The government should provide compensation to victims of violent crimes.

2. The verdict "not guilty by reason of insanity" should be abolished.

3. Those arrested and charged with crimes should be held in jail until guilt or innocence isdecided at their trials.

4. People accused of crimes have too many rights.

5. People suspected or accused of crimes should NOT have to answer questions from police.

6. Juveniles under 16 accused of crimes should be treated differently from adults accused of crimes.

7. Criminal defendants should be treated as if they are innocent until they are proven guilty in acourt of law.

8. Judges, rather than police, should have the final say about whether police should search aperson's home.

9. If the police obtain evidence illegally, it should still be allowed to be used in a trial.

10. Longer prison terms would deter crime and cause crime rates to drop.

11. Juveniles under 16 who are convicted of first-degree murder should be subject to the deathpenalty.

12.The death penalty should be abolished.

55 5S

, Criminal Justice in AmericaTest 1 Master, page 1

Name

Date

Test for Unit 1

TRUE or FALSE (2 points each):

(1) Most states have laws for compensating victims of violent crimes.

(2) Except for the last 30 years, the United States has experienced relatively little violent crime in itshistory.

(3) Compared to males, females are responsible for few violent crimes.

(4) Many swindlers rely on the victim trying to get something for nothing.

MULTIPLE CHOICE QUESTIONS (4 points each):

(5) Which of the following is NOT an affirmative defense?a. John claims he didn't do it.b. John claims he acted in self-defense.c. John claims the police entrapped him.d. John's lawyer claims John is insane.e. Both a. and d.

(6) Which of these crimes is most likely NOT to be reported to the police?a. Domestic violenceb. Robberyc. Auto theftd. Homicidee. Both a. and c.

FILL IN THE BLANKS (6 points each):

(7) When a criminal is forced to pay back a victim directly, it is called

(8) are more serious crimes than misdemeanors.

(9) is another name for theft.

(10) Many police departments have squads to investigate con games.

5659

Criminal Justice in AmericaTest 1 Master, page 2

Name

Date

SHORT ANSWER QUESTIONS (10 points each):

(11) List the four basic elements that make up every crime.

(12) List four homicide offenses in the order of most serious to least serious.

(13) Compare and contrast burglary and robbery. Give an example of each.

ESSAY QUESTIONS (25 points each):

(14) Imagine that legislators in your state are considering replacing the verdict of "not guilty by reason ofinsanity" with "guilty but mentally ill." Write an essay supporting or opposing this change. In youressay, discuss the following points:

what the two verdicts mean (5 points)

the pros and cons of both (10 points)

the reasons you believe as you do (10 points)

(15) Imagine that legislators in your state are considering adopting the following hate-crime law:

Anyone who intentionally selected the victim because of the victim's race, color, national ori-gin, ancestry, religion, disability, or sexual orientation shall have his or her sentence increasedby 30 percent over the normal sentence.

Write an essay supporting or opposing this law. In your essay, discuss the following points:

the pros of this law (5 points)

the cons of this law (5 points)

possible constitutional challenges to the law (5 points)

the reasons you believe as you do (10 points)

57 60


Name

Date

Test for Unit 2TRUE or FALSE (2 points each):

(1) Like most other nations, the United States has one national police force that enforces all lawsthroughout the nation.

(2) Police officers have many other tasks besides enforcing the law.

(3) If your neighbor Sam breaks into your house, he has violated your constitutional rightto privacy.

(4) Police may use whatever level of force is reasonable and necessary to make an arrest.

(5) Police have the right to shoot any person fleeing after committing a crime.

MULTIPLE CHOICE QUESTIONS (4 points each):(6) Which creates rules of criminal procedure?

a. U.S. Supreme Courtb. State and federal appeals courtsc. State statutesd. Federal statutese. All of the above

(7) Which of the following meets the Supreme Court's definition of a search?a. From the sidewalk, a police officer sees a marijuana plant growing in a yard.b. The police walk through a cornfield on a large farm and find marijuana growing.c. The police look through the dump and find letters that Sam has thrown away.d. The police stop Phil on the street and ask him a few questions.e. After getting George's consent, the police look through George's house.

(8) Which of the following is NOT a legal search?

a. Late at night, near the scene of a robbery, police stop Sam, pat him down, feel a soft bag in hispocket, pull it out, and find marijuana.

b. Police lawfully arrest George, search the knapsack he is carrying, and find a handgun.

c. Police search Phil's car for drugs. They have probable cause for the search, but no warrant.

d. Police chase Harry, who has just robbed a liquor store. They follow Harry to his house, orderhim out, and break down the door when he refuses.

e. Police, with probable cause, obtain a search warrant and search Marty's house.

(9) Which of the following statements requires a Miranda warning for it to be admissible in court?

a. Stopping Sam for speeding, the police ask him why he was driving so fast. He replies: "I justrobbed a bank."

b. Police handcuff George outside a liquor store. He shouts, "I confess! I robbed the store."

c. Police trace a bomb threat to Bob's phone. They arrest Bob and demand to know where thebomb is located. Bob says, "On the third floor of the office building in a file cabinet."

d. Suspicious about Phil's behavior, police stop him and ask what he's doing. He replies, "Youwill find out sooner or later. I just killed Dan."

e. Police arrest Fred for breaking into a house. In the squad car they ask him why he did it. Hereplies, "I needed cash to buy drugs."

58 61


Name

Date


(10) Criminal sets out the rules for processing someone through thecriminal justice system.

(11) The Amendment to the U.S. Constitution is the source of proce-dures about police searches.

(12) Another word for questioning is

(13) Police normally need a to search a house.


(14) Define probable cause.

(15) Define and give examples of a seizure.

(16) List one method used to discipline problem police officers. Give a strength and weakness of thismethod.

(17) What is the difference between community policing and motorized rapid response?


(18) Write an essay supporting or opposing this statement: "The exclusionary rule should be abolished."In your essay, discuss the following points:

what the exclusionary rule is (10 points)two reasons for supporting it (5 points)two reasons for opposing it (5 points)your reasons for supporting or opposing it (5 points)

(19) Select one of the problems below. Write an essay on what should be done about it. In your essay, dis-cuss the following points:

what the problem is (10 points)at least two options for dealing with it (6 points)what you think should be done and why (9 points)

Problems:Racial profilingPolice corruption

6259


Name

Date


(1) The preliminary hearing or grand jury determines whether there is enough evidence to hold adefendant for trial.

(2) Juries are supposed to base their verdicts solely on the evidence presented during the trial.

(3) Many criminal suspects are tried and convicted only with circumstantial evidence.

(4) In most situations, all evidence will be admitted into a trial unless an attorney objects that itviolates one of the rules of evidence.

(5) To prove a defendant is guilty of a crime, the state must prove its case beyond a reasonabledoubt.

(6) Most criminal cases conclude with a plea bargain.


(7) Which is NOT circumstantial evidence that Sam shot George.

a. George was shot with Sam's gun.b. A neighbor saw Sam shoot George.c. Sam was caught outside George's house right after the murder.

d. Sam's fingerprints were found inside George's house.e. Sam told people he wanted to kill George.

(8) Which of the following may a judge take into consideration in setting bail?a. the crimeb. the past record of the accusedc. the likelihood that the defendant will appear in court.d. all of the abovee. a. and b. only.

(9) Who ultimately decides what charges to bring against criminal suspects?a. arresting officerb. police captainc. prosecutord. mayore. a. or b.

60

63


Name

Date


(10) After an attorney calls and questions a witness, the other side gets tothe witness.

11) Most people arrested are entitled to be released on


(12) Compare and contrast first-degree murder and second-degree murder.

(13) Compare and contrast peremptory challenges and challenges for cause.

(14) Draw and label a diagrani of a typical courtroom. Include prosecution and defense tables, jury box,judge's bench, spectator seats, clerk's desk, and witness stand.

ESSAY QUESTION (25 points):

(15) Write an essay explaining the following steps in a criminal case: ARRAIGNMENT, INITIALAPPEARANCE BEFORE A JUDGE, DEFENDANT'S CASE IN CHIEF, JURY SELECTION,PROSECUTION'S CASE IN CHIEF. In your essay, do the following:

Put each step in the proper order (5 points).

Describe the step is (10 points).

Tell its purpose (10 points).

6461


Name

Date


(1) Because of high rates of recidivism and public demand to get tough on criminals, the correc-tions system turned away from rehabilitation during the 1980s.

(2) If a convict is caught violating probation, the convict automatically goes to prison.

(3) Non-violent offenders can be sentenced to perform community service.

(4) Some prisons in the United States are privately owned.

(5) The American public has always overwhelmingly supported the death penalty.


(6) Which of these is NOT an example of a community-based correctional facility?a. boot campb. halfway housec. residential care facilityd. group homee. drug treatment center

(7) Which of these is NOT a problem that communityLbased correctional programs face?a. Lack of fundingb. Difficulty in handling habitual and violent criminalsc. Community alarm about safety and property valuesd. Higher costs than maximum-security facilities.e. None of the above.

(8) Which of the following is currently a major problem in U.S. prisons?a. overcrowdingb. racial gangsc. idleness of prisonersd. danger of prison revoltse. all of the above

(9)Which of the following punishments was NOT used in Colonial America?a. stocks and pilloryb. penitentiaryc. ducking stoold. branding and mutilatione. public humiliation

(10) Compared to other countries, the rate of incarceration in the United States isa. the lowest in the world.b. lower than the rate in most countriesc. about the same as the rate in most countriesd. higher than the rate in most countries.e. the highest in the world.

6562


Name

Date

(11) Which Western democracies still have the death penalty for criminals?a. United Statesb. Great Britainc. Franced. Italye. all of the above


(12) Briefly explain the Eighth Amendment to the U.S. Constitution.

(13) Compare and contrast probation and parole.

(14) Describe some common difficulties ex-convicts face when they are released from prison.


(15) Write an essay on THREE different kinds of sentencing laws: (a) fixed sentences, (b) indeterminatesentences, and (c) sentencing guidelines. In your essay, do the following:

Define and give an example of each (5 points).Explain a strength and weakness of each (5 points).Explain which kind of sentencing law you believe is best (5 points).Support your conclusion with reasons (5 points).

(16) Choose THREE of the five major theories of punishment (Rehabilitation, Restitution,Incapacitation, Deterrence, Retribution) and write an essay that covers the following points:

Explain three of the theories (5 points).Give an example of all three (5 points).Explain a strength and weakness of each (5 points).Explain which theory comes closest to your idea of what is just (5 points).

(17) Imagine that legislators in your state are considering adopting three-strikes legislation that countsany felony as a strike. Write an essay supporting or opposing this law. In your essay, discuss the fol-lowing points:

the pros of this law (5 points)the cons of this law (5 points)the possible constitutional challenges to this law (5 points)the reasons you believe as you do (5 points)

63


Name

Date


(1) The main goal of the juvenile justice system has traditionally been rehabilitation.

(2) The U.S. Supreme Court has ruled that juveniles under age 18 cannot be executed.(3) One of the problems cited by the Office of Juvenile Justice and Delinquency Prevention is the

large number of minority youths held in custody.

MATCHING (3 points each):Match the term from the juvenile justice system with the adult system's equivalent term.

Juvenile court term

(4) adjudicatory hearing

(5) aftercare

(6) delinquent act

(7) finding of delinquency

(8) dispositional hearing

(9) take into custody

Adult system term

A. arrest

B. crime

C. parole

D. sentencing hearing

E. trial

F. verdict of guilty


(10) A juvenile justice system, separate from the adult system was developed in most states by abouta. 1820b. 1850c. 1920d. 1960

(11) Which is NOT currently a problem of prehearing detention in most jurisdictions?a. Juvenile detention facilities are overcrowded.b. It is very expensive to detain juveniles.c. Juveniles in custody face danger from other juveniles.

d. Juveniles in custody are at high risk of suicide.e. Juveniles are mixed with adults.

(12) The U.S. Supreme Court decision that changed the juvenile justice system isa. Gaultb. McKeiverc. Mirandad. Mappe. Schall

(13) Which of the following age groups commits has the highest rate for committing violentcrimes?

a. 18 to 24 year oldsb. 30 to 45 year oldsc. 50 to 60 year oldsd. There is no significant difference among the groups.

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Name

Date

(14) In New Jersey v. TLO, the U.S. Supreme Court held that school officialscan search a studentonly if

a. they have a search warrantb. they have probable causec. they have the principal's permission.d. it is reasonable under the circumstances.e. both a. and b.

DEFINE (5 points each):

(15) Fitness hearing

(16) Parens patriae

(17) Status offense


(18) List TWO options judges have in sentencing juveniles and briefly describe each.

a.

b.

(19) Read the following fact situation. Based on what you know about the rights of juveniles in juvenilecourt, list TWO violations of the juvenile's rights under the U.S. Constitution. (There are a total offour violations. For extra credit, you may list one or two other violations.)

A neighbor accuses Sam of writing graffiti on a wall. Taken into custody, Sam is held withoutbail. After two days, he is released into his parents' custody. A petition is filed against himclaiming he is a delinquent minor, but the petition does not mention any specific chargesagainst Sam. At his hearing, Sam demands a jury trial, but the judge refuses. Conducting thecase without a jury, the judge orders Sam to testify. Sam denies any wrongdoing. A police offi-cer testifies next and states that the neighbor saw Sam painting graffiti on a wall. After hearingonly these two witnesses, the judge rules Sam delinquent because a preponderance of the evi-dence is against him. The judge orders that Sam be placed in a juvenile detention facility.

Violation #1:

Violation #2:

Violation #3 (4 points extra credit):

Violation #4 (4 points extra credit):

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, Criminal Justice in AmericaTest 5 Master, page 3

Name

Date

(20) What are some differences between the California and Massachusetts approach to juvenilecorrections? What are potential problems of each? Which do you think works better? Why?

ESSAY QUESTION (25 points):

(21) Should juveniles convicted of murder be subject to the death penalty? In your essay, do thefollowing:

discuss the current state of the law on this subject (15 points).

give reasons supporting and opposing imposing the death penalty on juvenile offenders (5points).

give your opinion with reasons supporting it (5 points).

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(1) Experts are in unanimous agreement about what causes violent crime.

(2) About half of all persons convicted of violent crimes drank alcohol shortly before committingtheir crime.

(3) All other Western democracies have stricter national gun-control laws than the United States.

(4) Neighborhood watch programs have proven successful in reducing crime.

(5) The homicide rate in the United States is lower than in other Western nations.


(6) In which stage of the criminal justice system have studies shown that racial disparities exist?a. plea bargainingb. jury verdictsc. sentencingd. death penaltye. all of the above

(7) Which branch of the federal government is responsible for addressing the crime problem?a. Legislative branchb. Executive branchc. Judicial branchd. a., b., and c.e. a. and c.

(8) Which time period had the worst crime problem for U.S. schools?a. 1950 to 1967

b. 1968 to 1971

c. 1972 to presentd. No difference in crime in these periods.


(9) List three possible causes of crime. Briefly explain which cause you think is mostimportant and why.

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(10) List in order the courts that a criminal defendant in a state trial court would have to go throughbefore an appeal would reach the U.S. Supreme Court.

1. State trial court.

2.

3.

4. U.S. Supreme Court


(11) Write an essay supporting or opposing this statement: Civil asset forfeiture should be eliminated. Inyour essay, discuss the following points:

What civil asset forfeiture is and how it differs from criminal forfeiture (5 points).

Reasons for supporting it (5 points)

Reasons for opposing it (5 points)

Your reasons for supporting or opposing it (5 points)

(12) Write an essay supporting or opposing this statement: There should be strict national gun controllaws. In your essay, discuss the following points:

The problem gun control laws attempt to solve (5 points)

Reasons for supporting gun control (5 points)

Reasons for opposing it (5 points)

Your reasons for supporting or opposing it (5 points)

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Criminal Justice in AmericaPost Test Master, page 1

Name

Date

Final Test for Criminal Justice in AmericaTRUE or FALSE (2 point each):

(1) The FBI's Uniform Crime Reports isbased on reports from police depart-ments across the country.

(2) When a criminal is forced to pay backa victim directly, it is called restitution.Almost every state has laws providingcompensation for victims of violentcrimes.

(4) Except for the last 30 years, the UnitedStates has experienced relatively littleviolent crime in its history.Crime in schools today is far worsethan it was during the 1960s.

(6) Intent is not an element of mostcrimes.

(7) Robbery is another word for burglary.(8) Police do not normally need a search

warrant to search a house.(9) Police have the right to shoot any per-

son fleeing after committing a crime.(10) In a criminal trial, the prosecutor pres-

ents the government's case against thedefendant.

(11) A physical object, such as a weapon,can be evidence at a trial.

(12) Criminal suspects can be tried andconvicted on the basis of circumstan-tial evidence.

(13) In most situations, evidence will beadmitted into a trial unless an attorneyobjects that it violates one of the rulesof evidence.

(3)

(5)

(14) Evidence must be relevant to an issuein a trial.

(15) A common objection to testimony at atrial is that it is hearsay.

(16) Attorneys cross-examine the witnessesthey call to the stand.

(17) A defendant in a criminal action ispresumed to be innocent until provedguilty.

(18) The percentage of persons imprisonedin America is lower than in most coun-tries in the world.

(19) Probation is another word for parole.(20) Some prisons in the United States are

privately owned.

(21) Some states have outlawed the deathpenalty.

(22) Juveniles can be taken into custody foroffenses that adults cannot be taken infor.

(23) The U.S. Supreme Court has ruled thatjuveniles under the age of 18 cannot beexecuted.

(24) Experts agree about what causes violentcrime.

(25) All Western democracies have stricternational gun-control laws than theUnited States.


(26) In policing, police walk foot patrols to get to know the communitybetter.

(27) The Amendment to the U.S. Constitution forbids cruel and unusualpunishments.

(28) The main goal of the juvenile justice system has traditionally been

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, Criminal Justice in AmericaPost Test Master, page 2

Name

Date

(29) If a police undercover agent talks you into committing a crime, you may defend yourself at trial by

claiming you were

(30) The Amendment to the U.S. Constitution is the source of

procedures about police searches.

(31) The rule prohibits the introduction of illegally seized evidence

at trials.

(32) In the case of v. Arizona, the Supreme Court held that before police

can question suspects in custody, they must read them their rights.

(33) At the the defendant pleads to the charges.

(34) To prove someone guilty of a crime, the state must prove its case

(35) are citizens who illegally take the law into their own hands and

punish lawbreakers.

(36) Institutions that confine large numbers of juvenile offenders are known as

schools.

(37) The death penalty is also known as punishment.

(38) are more serious crimes than misdemeanors.

(39) Under civil laws, strange case names, such as US. v. One 1994 Toyota

Camry, often result.

(40) Trials in juvenile court are called hearings.


(41) Explain what an affirmative defense is. Give two examples.

(42) Explain the exclusionary rule. Give an example of how it works.

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Date

(43) Name two objections a lawyer can make to a witness's testimony. Explain what they mean.

(44) Compare and contrast determinate and indeterminate sentences.

(45) Compare and contrast civil and criminal forfeiture.


(46) You have read about many problems in the criminal justice system. Write an essay on one of theseproblems. In your essay:

Explain in detail what the problem is (10 points).

Propose your solution to the problem (10 points).

Give reasons supporting your solution (5 points).

(47) Write an essay giving your opinion on one of the following statements. In your essay include:

Arguments in favor (5 points)

Arguments opposed (5 points)

your opinion supported by at least two reasons (10 points).A. There are too many restrictions on police behavior.

B. Mandatory minimum sentences should be abolished.

C. The criminal justice system unfairly discriminates against minority groups.

7 471

Test Answers

Test for Unit 1(1) T(2) F(3) T(4) T

(5) a(6) a

(7) restitution

(8) Felonies

(9) Larceny

(10) bunco

(11) prohibited act + intent + concurrence of act and intent+ causation

(12) first-degree murder, second-degree murder, voluntarymanslaughter, and involuntary manslaughter.

(13) Both are forms of stealing. A robber uses force or athreat of force to steal from someone. For example, arobber holds up a liquor store. A burglar illegally entersa structure to commit a crime, usually a theft. Forexample, a burglar breaks into a house and steals a tele-vision set.

(14) Students should touch on the following points:

Both verdicts keep people in mental hospitals untilthey are well.

Under a verdict of GBMI, a person serves a partic-ular term whereas under NGBRI a person can bereleased when recovers.

GBMI assigns criminal guilt while NGBRI assignsno guilt for the action.

On the pluses and minuses of both, accept any reason-able answer in addition to:

NGBRI makes people only responsible for whatthey can control, but insanity difficult to defineand may be subject to abuse.

GBMI makes all people responsible for theiractions, which could be too severe if not in con-trol. It prevents abuse and people getting off.

On the reasons they believe as they do, accept any rea-soned response.

(15) On the pros of hate-crime legislation, accept any rea-sonable response in addition to:

Hate crimes are particularly harmful to our diversesociety, sending a message some groups are notwelcome.

The laws express our intolerance to these crimes.

They will prevent much violence.

On the cons, accept any reasonable answer in additionto:

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Current laws already cover the most serious

offences.

Sending minor offenders to prison will only hard-en their prejudices.

Hate crime laws set up a special class of victims.

On the reasons they believe as they do, accept any rea-soned response.

Test for Unit 2(1) F(2) T(3) F(4) T(5) F(6) e

(7) e

(8) a(9) e

(10) procedure

(11) Fourth

(12) interrogation(13) warrant

(14) Probable cause means that evidence must be strongenough that an independent, cautious person wouldhave good reason to believe it.

(15) A seizure is the taking of objects or persons into cus-tody. Examples: an arrest, taking evidence during asearch.

(16) Possible answers for methods: criminal law (strength:strong punishment; weakness: applies to few cases, diffi-cult to prove case, etc.), civil lawsuits (strength: mone-tary damages can force departmental change; weakness:difficult to get verdicts, cumbersome); review boards(strength: handles all sorts of complaints; weakness:often lack power or accused of being too close topolice).

(17) Community policing stresses strengthening the commu-nity, fixing problems that citizens care about, and usingproblem solving. Motorized rapid response focuses onresponding rapidly to reports of crime.

(18) Be sure students touch on the following points:

Meaning: The exclusionary rule bars illegally obtainedevidence from use in criminal trials.

Reasons for supporting it: Promotes judicial integrityand deters illegal behavior.

Reasons for opposing it: Hampers fight against crimeand makes no sense to let person go free because policemade a mistake.

Their reasons: Accept any reasoned response.(19) Students have selected one of two problems.

For Racial Profiling:

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Problem definition: Racial profiling is the stoppingof suspects because (1) of their race alone or (2)the suspects match a profile that includes race asfactor.

Options: Have police collect data on race of peo-ple they stop; thoroughly investigate all allegationsof officers targeting minorities; accept other rea-sonable responses.

What should be done: Accept any reasonedresponse.

For Police Corruption:

Problem definition: Corruption can be for person-al gain or for departmental benefit.

Options: Get rid of victimless crimes; monitorpolice better; strengthen internal review; breakdown the code of silence; accept other reasonableresponses.

What should be done: Accept any reasonedresponse.

Test for Unit 3(1) T

(2) T

(3) T

(4) T

(5) T

(6) T

(7) b

(8) d

(9) c

(10) cross-examine

(11) bail

(12) Both require malice aforethought. But first-degree mur-der also requires premeditation.

(13) Both challenges are attorney requests to the court that apotential juror not serve on the jury. A peremptorychallenge can be made for any reason, but each attor-ney has a limited number of these challenges.Challenges for cause, on the other hand, must be madefor a good legal reason, such as bias. There is no limitto the number of challenges for cause.

(14) This is a diagram of a courtroom. Make sure the wit-ness stand is on the side of the judge's bench next tothe jury box. The drawing should include prosecutionand defense tables, jury box, judge's bench, spectatorseats, clerk's desk, and witness stand.

(15) The steps should be arranged in the following order:

FIRST APPEARANCE: A defendant's first pretrial hear-

r,

ing. It has several purposes: To inform the defendant ofcharges, rights, and to set the amount of bail, if any.

ARRAIGNMENT: At this pretrial hearing, the judgereads the charges to the defendant and asks for a plea.The purpose is to determine what the plea is. If guilty,there will be no trial.

JURY SELECTION: The first step at a trial. Jurors aresubject to voir dire questioning. Purpose: To assure animpartial jury.

PROSECUTION'S CASE IN CHIEF: The evidence pre-sented by the prosecution. Purpose: To convince thejury of the defendant's guilt.

DEFENDANT'S CASE IN CHIEF: The defendant's evi-dence. Purpose: To sow doubt in the minds of jurors,present alibis, or assert affirmative defenses.

Test for Unit 4(1) T(2) F(3) T(4) T(5) F(6) a

(7) d(8) e

(9) b(10) d

(11) a

(12) The Eighth Amendment bans cruel and unusual pun-ishments.

(13) Similar: Supervision of convicted offenders.

Different: Court makes probation part of sentence.Parole granted during sentence by parole board.

(14) Getting a job, not falling back into old patterns, gain-ing acceptance from society, etc.

(15) (a) fixed sentences: judges determine the amount oftime to be served at the time of sentencing, e.g., 5years in prison (strength: prisoner knows how muchtime will be served, more equity in sentences; weak-ness: prisoner is released whether he or she is reha-bilitated or not).

(b) indeterminate sentences: the sentence is stated as arange of years and the parole board determines therelease date, e.g., sentence of 5 to 15 years (strength:the sentences tailored to individual prisoners; weak-ness: dissimilar sentences for similar crimes).

(c) sentencing guidelines: some sort of formula thatjudges apply mechanically, e.g., Minnesota grid(strength: equity in sentencing; weakness: little roomto tailor the sentence to each individual).

73

b

Make sure students support their conclusion withreasons.

(16) Rehabilitation: treat and reform lawbreakers, e.g., a per-son who commits a crime receives counseling, educa-tion, and job training. Strength: Seeks to change theindividual so he or she will not commit more crimes.Weakness: Critics say it doesn't work.

Restitution: repayment, e.g., the offender repays the vic-tim. Strength: victim is repaid. Weakness: Cannot repayfor violent crimes.

Incapacitation: Isolate criminals. Strength: Protects citi-zens. Weakness: Most criminals will return to society soprotection is only temporary.

Deterrence: Prevent further crimes by making an exam-ple. E.g., Sam is sentenced to 10 years in prison for spit-ting on the sidewalk. This will make Sam and othersthink twice before spitting. Strength: Keeps people fromcommitting crimes. Weakness: Critics argue that mostcriminals do not expect to be caught, and therefore theyaren't deterred.

Retribution: revenge, e.g., Sam kills George so Sam mustdie. Strength: Advocates say victim has a right to geteven. Weakness: Some say retribution is primitive anddoes not address the need to reform criminals or protectthe innocent.

Make sure students support their conclusion withreasons.

(17) Pros: Keeps violent offenders behind bars for a longtime; accept other reasonable answers.

Cons: High cost, may keep non-dangerous prisoners;accept other reasonable answers.

Possible constitutional challenges: The main issue iswhether these laws violate the Eighth Amendment incertain cases because an offender may go to prison forlife for a relatively minor offense. (In the law givenhere, this is unlikely because the third strike must be aviolent offense.)

Reaons: Accept any reasoned response.

Test for Unit 5(1) T(2) F(3) T(4) E(5) C(6) B(7) F(8) D(9) A(10) c(11) e(12) a(13) a(14) d

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(15) A hearing to determine whether a juvenile should betried as an adult.

(16) The doctrine that the state takes the role of parents insupervising children.

(17) An offense, such as running away from home, thatwould not be an offense if it were committed by anadult.

(18) Student should answer with two of the following:

Juvenile detention centers: Facilities where juveniles are

first brought.

Training schools: large reform schools.

Small, secure residential facilities: Holding few juvenilesand equal numbers of staff.

Camps and ranches: Secure facilities in rural areas.

Boot camps: Similar to Army basic training.

Wilderness programs: Rigorous outdoor programswhich build self-esteem and teamwork.

Group homes or halfway houses: Group homes withcounseling and house rules.

Substance-abuse treatment centers: Residences focusing

on treating drug and alcohol abuse.

Foster homes: Families take juveniles into their homes.

In-home placement: Juveniles return to their homes.

Day treatment programs: Juveniles live at home butattend programs for a specific length of time.

Intensive probation: Probation officers meet frequentlywith juveniles.

Probation: Probation officers supervise juveniles.

Summary probation: Juveniles released under parentalsupervision as long as they behave.

(19) Violation #1: Charges not mentioned in petition.

Violation #2: Sam compelled to testify.

Violation #3: No opportunity to cross-examine hisaccuser (the officer testified in place of the neighbor).

Violation #4: The evidence against Sam was not beyonda reasonable doubtit was just the preponderance.

(20) Differences: California's strategy has been to lock morejuveniles in secure training schools. Massachusetts'approach has been to close down the training schools,place violent offenders in small secure facilities, andplace other offenders in community placements.

Problems: California may unwittingly be training crimi-nals in its training schools. Massachusetts may bereleasing dangerous juveniles into the community.

Make sure students support their conclusions.(21) State of law: The Supreme Court has ruled that juve-

niles under 18 can be executed. It has in one case ruledthat juveniles under 16 cannot be executed at least in

cases in which the state's death penalty statute does notclearly allow for their execution.

Reasons supporting and opposing: Accept any reason-able responses.

Make sure students support their opinion.

Test for Unit 6(1) F

(2) T

(3) T

(4) T

(5) F

(6) e

(7) d

(8) c

(9) Accept any well-reasoned answer.

(10) 2. State appeals court

3. State supreme court

(11) Definition: Civil asset forfeiture laws allow law-enforce-ment to seize assets based on probable cause of crimi-nal activity surrounding the asset. If no one objects, theasset is forfeited to the government. If someone does,the person must prove by a preponderance of evidenceeither that assets had nothing to do with criminal activ-ity or that the person is an innocent owner.

How it differs from criminal forfeiture: In criminal for-feiture a defendant must be found guilty of a crime.

Reasons for supporting and opposing it: Accept anyreasonable responses. Make sure students support theiropinions.

(12) Gun control laws attempt to reduce violent crime.

Reasons for supporting or opposing: Accept any rea-sonable responses. Make sure students support theiropinions.

Final Test(1) T(2) T(3) T(4) F(5) T(6) F(7) F(8) F(9) F(10) T

(11) T

(12) T

75

(13) T

(14) T

(15) T

(16) F

(17) T

(18) F

(19) F

(20) T

(21) T

(22) T

(23) F

(24) F

(25) T

(26) community, community-based, OR community-oriented

(27) Eighth

(28) rehabilitation

(29) entrapped

(30) Fourth

(31) exclusionary

(32) Miranda

(33) arraignment

(34) beyond a reasonable doubt

(35) vigilantes

(36) training

(37) capital

(38) Felonies

(39) forfeiture

(40) adjudicatory

(41) An affirmative defense, if proven, will prevent a guiltyverdict even though the prosecution proves every ele-ment of the crime. Examples: insanity, self-defense,entrapment.

(42) Meaning: The exclusionary rule bars illegally obtainedevidence from use in criminal trials. E.g., if a policeofficer makes an illegal search of Sam's house and findsa gun, the gun cannot be introduced as evidence atSam's trial. The defense attorney will make a motion tosuppress the evidence.

(43) The objection should be two of the following anddefined:

Hearsay

Irrelevant

Beyond the scope of direct examinationLack of personal knowledge

Badgering the witness or argumentativeLeading questionOpinionLack of foundationCharacter not an issue

(44) These are sentences that judges impose. A determinatesentence marks a set amount of time in prison, e.g.,

five years. An indeterminate sentence gives a range ofyears, e.g., one to five years and the parole board deter-mines when the prisoner will be released.

(45) They both allow the government to take assets fromindividuals. In criminal forfeiture, a defendant's assetsmay be forfeited as part of a sentence imposed on con-viction for a crime. In civil forfeiture, police can seizeassets based on probable cause (or a preponderance ofthe evidence in federal cases) of criminal activity sur-rounding the asset. If no one objects, the asset is for-feited to the government. If someone does object, theperson (in most states) must prove by a preponderanceof evidence either that the assets had nothing to dowith criminal activity or that the person is an innocentowner. (In federal cases, the burden of proving the con-nection with criminal activity now falls on the prosecu-tion.)

(46) Make sure students explain the problem in detail andsupport their solution.

(47) A. Make sure students give two examples of restrictionson police behavior, reasons supporting and opposingthe restrictions, and support their conclusion.

B. Mandatory minimum sentences remove judicial dis-cretion and require prison terms for certain crimes orcriminals.

Reasons for: Sentences consistent; assure punish-ment.

Reasons against: Can be unfair; do not take indi-vidual and situation into account.

Make sure students support their opinion.

C. Make sure students identify two problem areas, givereasons supporting and opposing racism as the cause,and support their viewpoint.

76

Section 6: References for theStudent Text

Unit 1:Harry's story. From Harry Karabel. Printed with permission.

"Violence by Intimates," Washington, D.C.: Bureau of JusticeStatistics, 1998.

"Intimate Partner Violence Fact Sheet," Washington, D.C.: Centersfor Disease Control and Prevention, 2000.www.cdc.gov/ncipc/factsheets/ipvfacts.htm#Intimate

Denise's story. From a person who requested anonymity. Printedwith permission.

Helen's story. From CRF staff member Helen Kwon. Printed withpermission.

Maureen's story. Excerpted and edited from the March 7, 2000,statement of Maureen Mitchell before the U.S. SenateSubcommittee on Technology and Terrorism.www.senate.goy/judiciary/372000mm.htm

"Violence by Intimates," Washington, D.C.: Bureau of JusticeStatistics, 1998

Criminal Victimization in the United States, 1995, Washington, D.C.:Bureau of Justice Statistics, 2000.

Criminal Victimization 1998, Washington, D.C.: Bureau of JusticeStatistics, 1999.

Karmen, Andrew Crime Victims: An Introduction to Victimology 2ndEdition. Pacific Grove, Calif.: Brooks/Cole Publishing Co.,1990.

Herrington, Lois Haight "Statement of Chairman," President's TaskForce on Victims of Crime, December 1982.

Magnuson, E. "The Curse of Violent Crime" Time March 23, 1981.

Criminal Victimization in The United States, 1991: A National CrimeVictimization Survey Report. Washington, D.C.: Bureau of JusticeStatistics. 1992.

Criminal Victimization in The United States 1973-90 Trends: ANational Crime Victimization Survey Report. Washington, D.C.:Bureau of Justice Statistics. 1992.

Uniform Crime Reports: Crime in the United States 1999. Washington,D.C.: Federal Bureau of Investigation, 2000.

Sourcebook of Criminal Justice Statistics 1998. Washington, D.C.:Bureau of Justice Statistics. 1999. www.albany.edu/sourcebook/

From Pain to Power: Crime Victims Take Action, Office for Victims ofCrimes, 1998.

Kilpatrick, Dean G., David Beatty, and Susan Smith Howley, "TheRights of Crime VictimsDoes Legal Protection Make aDifference?" National Institute of Justice, 1998.

The Victim and Witness Protection Act of 1982 is 18 U.S.C. 1501 etseq.

Arthur J. Goldberg's quote from "Equality and GovernmentAction," Volume 39, New York University Law Review, 1964.

Silberman, Charles, Criminal Violence, Criminal Justice, RandomHouse, New York, 1978.

Thrasher, F., The Gang, University of Chicago Press, 1963.

1997 National Youth Gang Survey Summary, Washington, D.C.:Office of Juvenile Justice and Deliquency Prevention, 1999.

Looking at Crime From the Street Level, Washington, D.C.: National

79

Institute of Justice, 1999.

Howell, James C. and Scott H. Decker, "The Youth Gangs, Drugs,and Violence Connection," Washington, D.C.: Office of JuvenileJustice and Delinquency Prevention, 1999.

Howell, James C., "Youth Gangs: An Overview," Washington, D.C.:Office of Juvenile Justice and Delinquency Prevention, 1998.

Addressing Community Gang Problems: A Practical Guide, Washington,D.C.: Bureau of Justice Assistance, 1998.

"Youth Violence: A Community-Based Response, Washington,D.C.: U.S. Department of Justice, 1996.

Kennedy, David, "Pulling Levers: Getting Deterrence Right,"National Institute of Justice Journal, July 1998.

Werdegar, Matthew Mickle, "Enjoining the Constitution: The Useof Public Nuisance Abatement Injunctions Against Urban StreetGangs," Stanford Law Review, January 1999.

"Crime's Decline-Why?" National Institute of Justice Journal,October 1998.

Promising Practices Against Hate Crimes: Five State and LocalDemonstration Projects, Washington, D.C.: Bureau of JusticeAssistance, 2000.

Fletcher, Michael A. "Why Is Crime Down in America? The CrimeConundrum," The Washington Post, 01-16-2000, pp FOL

Dvorak, John C., "A Brick Through the Window," PC Magazine, p.99, April, 4, 2000.

ALI Model Penal Code Sec. 4.01 (1).

Unit 2:Sir Robert Peel quote from Cromwell, P. and Keefer, G., PoliceCommunity Relations, West Publishing Co. (2nd edition, 1978).Citing, Graham, H., "Community Service." FBI Law Enforcementand Bulletin (October 1975) p. 68.

"I am a policeman because . . ." study cited in Cromwell andKeefer, p. 5.

Study of factors in police use of force cited in Journal of PoliceScience and Administration, Northwestern University School of Law,March 1981.

"Federal Law Enforcement Officers, 1998," Washington, D.C.:Bureau of Justice Statistics, 2000.

"Local Police Departments 1997," Washington, D.C.: Bureau ofJustice Statistics, 2000.

"Death Investigation: A Guide for the Scene Investigator,"Washington, D.C.: National Institute of Justice, 1999.

"Eyewitness Evidence: A Guide for Law Enforcement,"Washington, D.C.: National Institute of Justice, 1999.

Fisher, David, Hard Evidence: How Detectives Inside the FBI's Sci-Crime Lab Have Helped Solve America's Toughest Cases. New York:Simon & Schuster, 1995.

Carter, David, "Drug-Related Corruption of Police Officers: AContemporary Typology." Journal of Criminal Justice 18(2):85-98,1990.

Baum, Lawrence, The Supreme Court. Sixth Edition. Washington,D.C.: CQPress, 1998.

Bouza, Anthony V. The Police Mystique. New York: Plenum Press,1990.

Bratton, William J. "Great Expectations: How Higher Expectationfor Police Departments Can Lead to a Decrease in Crime."

77

Measuring What Matters: Proceedings From the Policing ResearchInstitute Meetings. Washington, D.C.: Office of CommunityOriented Policing Services.1999.

Fisher, David Hard Evidence: How Detectives Inside the FBI's Sci-CrimeLab Have Helped Solve America's Toughest Cases New York: Simon &Schuster, 1995.

Willing, Richard, "As Police Rely More on DNA, States Take aCloser Look," USA Today, June 6, 2000.

Weedn, Victor Walter and John W Hicks, "The UnrealizedPotential of DNA Testing," National Institute of Justice Journal,December 1997.

Steadman, Greg, "Survey of DNA Crime Laboratories, 1998,"Bureau of Justice Statistics, 2000.

Asplen, Christopher H., "Forensic DNA Evidence: NationalCommission Explores Its Future," National Institute of JusticeJournal, January 1999.

"What Every Law Enforcement Officer Should Know About DNAEvidence," Washington, D.C.: National Institute of Justice, 1999.

Wilson, James Q and George Kelling, "The Police andNeighborhoods Safety,", Atlantic Monthly, March 1982.

Wilson, James Q and George Kelling, "Making NeighborhoodsSafe," Atlantic Monthly, February 1989.

Kelling, George, -Broken Windows" and Police Discretion,Washington, D.C.: National Institute of Justice, 1999.

Packer, Herbert L. "Two Models of the Criminal Process" in TheLimits of the Criminal Sanction Stanford: Stanford University Press,1968.

Martz, Carlton, "Miranda Update," Bill of Rights in Action, Winter1990.

Martz, Carlton, "The 14th Amendment and the 'Second Bill ofRights,'" Bill of Rights in Action, Spring 1991.

Newton, Jim, Matt Lait, and Scott Glover, "LAPD Condemned byits Own Inquiry Into Rampart Scandal," Los Angeles Times, March1, 2000.

Roane, Kit R., "The Verdict: Not Guilty: New York Cops Clearedin the Diallo Shooting," U.S. News and World Report, March 6,2000.

"The Measurement of Police Integrity," Washington, D.C.:National Institute of Justice, 2000.

"Police Attitudes Toward Abuse of Authority: Findings From aNational Study," Washington, D.C.: National Institute of Justice,2000.

Use of Force by Police: Overview of National and Local Data,Washington, D.C.: National Institute of Justice, 1999.

National Data Collection on Police Use of Force, Washington, D.C.:Bureau of Justice Statistics, 1996.

Skolnick, Jerome H. and James J. Fyfe Above the Law: Police and theExcessive Use of Force Free Press, 1993.

Territo, Leonard, James B. Halsted, and Max L. Bromley, Crime andJustice in America, St. Paul: West Publishing Co, 3rd edition, 1992.

80

BEST COPY MAILABLE

Unit 3:Hayes, Bill, "Voters and Judges," Bill of Rights in Action, Spring,1998.

Some material in this chapter was adapted with permission fromFair Trial/Free Press, Todd Clark and Rebecca J. Novelli, BenzigerBruce & Glencoe, Inc., 1977.

Some of the factors influencing prosecutorial discretion are takenfrom the "American Bar Association Standards Relating to theProsecutor Function."

"Felony Defendants in Large Urban Counties, 1996," Washington,D.C.: Bureau of Justice Statistics, 1999.

Report to the Nation on Crime and Justice, Washington, D.C.: Bureauof Justice Statistics, 1988.

"State Court Organization, 1998," Washington, D.C.: Bureau ofJustice Statistics, 2000.

Brown, Jodi M., Patrick A. Langan, and David J. Levin FelonySentences in State Courts, 1996. U.S. Department of Justice, Office ofJustice Programs, Bureau of Justice Statistics Bulletin. July 1999.

Unit 4:Corrections Statistics, Bureau of Justice Statistics, 2000,www.ojp.usdoj.gov/bjs/

"State Prison Expenditures, 1996," Washington, D.C.: BureauJustice Statistics, 1999.

"Prison and Jail Inmates at Midyear 1999," Washington, D.C.:Bureau of Justice Statistics, 2000

Correctional Populations in the United States, 1996. Washington, D.C.:Bureau of Justice Statistics, 1999.

Kerr, Peter "The Detoxing of Prisoner 88A0802" New York TimesMagazine June 27, 1993.

Langan, Patrick A., "America's Soaring Prison Population," Sciencemagazine, 29 March 1991.

Ekland-Olson, Sheldon, et. al., "Crime and Incarceration: SomeComparative Findings From the 1980s" Crime and Delinquency, Vol.38 No. 3, July 1992, pp. 392-416.

Greenwood, Peter W, Karyn E. Model, C. Peter Rydell, and JamesChiesa, Diverting Children from a Life of Crime: Measuring Costs andBenefits, Santa Monica: RAND, 1996, www.rand.org/publica-tions/MR/MR699/

Caulkins, Jonathan P., C. Peter Rydell et al., Mandatory MinimumDrug Sentences: Throwing Away the Key or Taxpayers' Money? SantaMonica: RAND, 1997.

Greenwood, Peter W. and Allan F. Abrahamse, SelectiveIncapacitation, Santa Monica.: RAND, 1982.

Lipton, Douglas, R. Martinson, and J. Woks, The Effectiveness ofCorrectional Treatment: A Survey of Treatment Evaluation Studies,Praeger Press, New York, 1974.

Caulkins, Jonathan P., C. Peter Rydell, William L. Schwabe, andJames Chiesa Mandatory Minimum Drug Sentences: Throwing Awaythe Key or the Taxpayers' Money? Santa Monica: RAND, 1997www.rand.org/publications/MR/MR827/index.html

Ditton, Paula M. and Doris James Wilson, "Truth in Sentencing inState Prisons," Washington, D.C.: Bureau of Justice Statistics, 1999.

Wolfgang, M.E., R.M. Figlio and T. Sellin Delinquency in a BirthCohort. Chicago: University of Chicago Press, 1972.

Zedlewski, Edwin W, "Making Confinement Decisions,"Washington, D.C.: National Institute of Justice, 1987.

Zedlewski, Edwin W, "New Mathematics of Imprisonment: AReply to Zimring and Hawkins," 35 Crime and Delinquency 169-73,January 1989.

Piehl, Anne Morrison, Bert Useem, and John J. Dilulio Jr., Right-Sizing Justice: A Cost-Benefit Analysis of Imprisonment in Three States.

New York: Manhattan Institute, Civic Report No. 8. September1999. www.manhattan-institute.org/html/cr_8.htm

Tracy, P.E., M.E. Wolfgang, and R.M. Figlio Delinquency in TwoBirth Cohorts: Executive Summary. U.S. Department of Justice, 1985.

Apperson, Jay "Why Prosecutors Back Minimum Sentencing,"Washington Post National Weekly Edition, March 7-13, 1994.

Useem, Bert, Camille Graham Camp, George M Camp, and RenieDugan, "Resolution of Prison Riots," Washington, D.C.: NationalInstitute of Justice, 1995.

Flanders, Stephen A., Capital Punishment: The Facts on File Libraryin a Book Series New York: Facts on File, 1991.

"Minnesota Sentencing Guidelines and Commentary" St. Paul:Minnesota Sentencing Guideline Commission, 1999.

The Death Penalty: Opposing Viewpoints Series. Bonnie Szumski, LynnHall, and Susan Bursell, editors. St. Paul: Greenhaven Press,1986.

of "Prison and Jail Inmates at Midyear 1999," Washington, D.C.:Bureau of Justice Statistics, 2000.

"Capital Punishment 1998." Washington, D.C.: Bureau of JusticeStatistics. 1999.

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Redefining the Career Criminal: Priority Prosecution of High-rateDangerous Offenders by Marcia Chaiken and Jan Chaiken.Washington, D.C.: National Institute of Justice, 1990.

Day Fines in American Courts: The Staten Island and MilwaukeeExperiments by Douglas C. McDonald, editor, Judith Greene, andCharles Worzella., National Institute of Justice, 1992.

Landry, Thomas K., "'Punishment' and the Eighth Amendment,"Ohio Law Journal, vol. 57, 1996.

Beck, Allen J. and Christopher J. Mumola, "Prisoners in 1998,"Washington, D.C.: Bureau of Justice Statistics, 1999.

Bonczar, Thomas P. and Lauren E. Glaze, "Probation and Parolein the United States, 1998," Washington, D.C.: Bureau of JusticeStatistics, 1999.

Factors that identify likely candidates for probation. Adaptedfrom: ALI Model Penal Code, Sec. 7.01 [2].

Travis, Jeremy, "But They All Come Back: Rethinking PrisonerReentry," Washington, D.C.: National Institute of Justice, 2000.

Alter, Jonathan, "The Death Penalty on Trial," Newsweek, June 12,2000.

Bohm, Robert M. The Death Penalty in America: Current Research.Cincinnati, Ohio: Anderson Publishing, 1991.

Snell, Tracy L., "Capital Punishment 1998," Washington, D.C.:Bureau of Justice Statistics, 1999.

Connors, Edward, Thomas Lundregan, Neal Miller, and TomMcEwen Convicted by Juries, Exonerated by Science: Case Studies in the

Use of DNA Evidence to Establish Innocence After Trial, Washington,D.C.: National Institute of Justice, 1996.

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Unit 5:Mary Ann Crouse case at 4 Warden (PA) 9, 1838. Case and quotecited in Schlossman, Steve L., Love and the American Delinquent,Chicago: University of Chicago, 1977.

Shepherd, Robert E., Jr., "The Juvenile Court at 100 Years: A LookBack," Juvenile Justice, Volume VI, Number 2, December 1999.

"Unlocking Juvenile Corrections: Evaluating the MassachusettsDepartment of Youth Services," National Council on Crime andDelinquency, 1991.

"Juvenile Justice: Improving the Quality of Care," NationalCouncil on Crime and Delinquency, 1992.

Snyder, Howard N. and Melissa Sickmund, Juvenile Offenders andVictims: 1999 National Report, Washington, D.C.: Office of JuvenileJustice and Delinquency Prevention, 1999

Stahl, Anne L., "Offenders in Juvenile Court, 1996," Washington,D.C.: Office of Juvenile Justice and Deliquency Prevention, 1999.

"Juvenile Justice Models for California: New Approaches forTroubled Youth in the Nation's Largest State," National Councilon Crime and Delinquency, 1990.

Greenwood, Peter W "Correctional Programs for Chronic JuvenileOffenders: Characteristics of Three Exemplary Programs." SantaMonica: RAND, 1988.

Greenwood, Peter W. and Franklin E. Zimring, One More Chance:The Pursuit of Promising Intervention Strategies for Chronic JuvenileOffenders, Santa Monica: RAND, May 1985.

Snyder, Howard N., "Juvenile Arrests 1998," Washington, D.C.:Office of Juvenile Justice and Delinquency Prevention, 1999.

"Report to Congress on Juvenile Violence Research," Washington,D.C.: Office of Juvenile Justice and Deliquency Prevention, 1999.

Wasserman, Gail, Laurie S. Miller, and Lynn Cothern, "Preventionof Serious and Violent Juvenile Offending," Washington, D.C.:Office of Juvenile Justice and Deliquency Prevention, 2000.

Puzzanchera, Charles, Anne L. Stahl, Terrence A. Finnegan, et al.,Juvenile Court Statistics 1997. Washington, D.C.: Office of JuvenileJustice and Deliquency Prevention, 1999.

Miller, Jerome G., Last One Over the Wall: The MassachusettsExperiment in Closing Reform Schools, Columbus, Ohio: Ohio StateUniversity Press, 1991.

National Juvenile Custody Trends 1978-1989, Washington, D.C.:Office of Juvenile Justice and Delinquency Prevention, 1992.

Simonsen, Clifford E. Juvenile Justice in America New York:MacMillan Publishing Co.,1990.

Krisberg, Barry and Deborah Neuenfeldt and Audrey Bakke,"Juvenile Intensive Supervision Programs: The State of the Art,"NCCD Focus, February 1991.

Griffin, Patrick, Patricia Torbet, and Linda Szymanski, TryingJuveniles as Adults in Criminal Court: An Analysis of State TransferProvisions, Washington, D.C.: Office of Juvenile Justice andDeliquency Prevention, 1998.

Pierce, Robert and Barbara Yondorf, Juvenile Justice Reform: StateExperiences Washington, D.C.: National Conference of StateLegislatures, 1989.

"Juveniles, Capital Punishment, and Sentencing," Washington,D.C.: Coordinating Council on Juvenile Justice and DelinquencyPrevention,1999.

Thompson: Whitford, Ellen "How a Family Tragedy May Lead to aLandmark Court Ruling," Scholastic Update, April 8, 1988.

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Pope, Carl E. and William Feyerherm Minorities and the JuvenileJustice System Washington, D.C.: Office of Juvenile Justice andDelinquency Prevention, November 1992.

Hsia, Heidi M. and Donna Hamparian, "DisproportionateMinority Confinement: 1997 Update," Washington, D.C.: Officeof Juvenile Justice and Deliquency Prevention, 1998.

"Kids in Custody: How the Nation Handles Crimes by Juveniles"by Ron Harris. Los Angeles Times, series of four articles runningfrom August 22, 1993 to August 25, 1993.

Unit 6:Cathy Spatz Widom, "The Cycle of Violence," Science, 14 April1989.

Sloan, John Henry, et. al. "Handgun Regulations, Crime, Assaults,Homicide, A Tale of Two Cities." The New England Journal ofMedicine. Nov. 10, 1988, pp. 1256-1262.

"Seven Deadly Days." Time. July 17, 1989, pp. 30-60.

Zimring, Franklin E. and Gordon Hawkins. The Citizen's Guide toGun Control. New York: Macmillan Publishing Co., 1987.

Pristin, Terry. "Soul-Searching on Violence by the Industry." LosAngeles Times. May 18, 1992.

Wilson, James Q and Richard J. Herrnstein, Crime and HumanNature. New York: Simon and Schuster, 1985.

Dr. Brenner's Study, quoted in the Deindustrialization of America:Plant Closings, Community Abandonment, and the Dismantling of BasicIndustry, by Barry Bluestone and Bennett Harrison. Basic Books,New York: 1982.

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Clarke, Ronald. V (Ed.). Situational Crime Prevention: Successful CaseStudies,

Second Edition. Albany, NY: Harrow & Heston,1997.

Bellair, Paul E., Lauren J. Krivo, and Ruth Peterson. "Community,Inequality, and Crime."

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Slovak "Contributors to Violent Behavior Among Elementary andMiddle School Children," Pediatrics 1999 104: 878-884.

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Stone, Christopher, "Race, Crime, and the Administration ofJustice," National Institute of Justice Journal, April 1999.

Weitzer, Ronald, "Racial Discrimination in the Criminal JusticeSystem: Findings and Problems in the Literature," Journal ofCriminal Justice 24 (4). 1996.

Martz, Carlton, "Does the Criminal Justice System DiscriminateAgainst African Americans ?, "Bill of Rights in Action, Winter 1992.

82B EST COPY AVAILABLE

Barnes, Carole and Rodney Kingsnorth, "Race, Drug, andCriminal Sentencing: Hidden Effects of the Criminal Law," Journalof Criminal Justice 24 (1), 1996.

"Indicators of School Crime and Safety, 1999" Washington, D.C.:National Center for Education Statistics, 1999.

Kellam, Sheppard G., Ron Prinz, and Joseph F. Sheley, "PreventingSchool Violence," Washington, D.C.: National Institute of Justice,2000.

Sheley, Joseph F., "Controlling Violence: What Schools AreDoing," Preventing School Violence, Washington, D.C.: NationalInstitute of Justice, 2000.

"Students' Reports of School Crime: 1989 and 1995" Washington,D.C.: Bureau of Justice Statistics and National Center forEducation Statistics, 1998.

Steinberg, James B., David W. Lyon, and Mary E. Vaiana, editors,Urban America: Policy Choices for Los Angeles and the Nation, Santa

Monica: RAND, 1992.

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1995.

"Bruised Inside: What Our Children Say About Youth Violence,What Causes It, and What We Need to Do About It," Washington,D.C.: National Association of Attorneys General, 2000.

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Sherman, Lawrence W, Denise Gottfredson, Doris MacKenzie,John Eck, Peter Reuter, and Shawn Bushway, "Preventing Crime:What Works, What Doesn't, What's Promising," Washington,D.C.: National Institute of Justice, 1998.

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